Copyright Infringement

News & Analysis as of

New DMCA Designated Agent Requirements Effective December 2016

On November 1, 2016, the United States Copyright Office published an amendment to 37 CFR § 201.38 that changes the registration requirements for Designated Agents under the Digital Millennium Copyright Act. Effective...more

New Requirements for Copyright Safe Harbor

The federal Digital Millennium Copyright Act (“DMCA”) provides safe harbors from copyright infringement liability for online service providers that are engaged in specified activities and that meet certain eligibility...more

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

The court entered final judgment, upholding the jury’s findings and denying the defendant’s motion for a new trial, finding that harsher sanctions for the plaintiff’s intentional spoliation of material evidence were not...more

Copyright Office Establishes New Electronic DMCA Agent Registration

Service Providers Must Re-register Online to Maintain Safe Harbor Protection - A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required to...more

New Copyright Office Rule Creates Potential “Gotcha” for Blogs and Websites Hosting User-Generated Content

If your company operates a website or blog that hosts user-generated content, you’ll want to read this post carefully. We’re ringing the alarm bell on an important new U.S. copyright law development that, if ignored,...more

New DMCA Agent Registration Rules Essential to Section 512 Immunity

Recent copyright office rule changes could terminate an unsuspecting OSP’s eligibility for the DMCA’s safe harbor provisions. The Digital Millennium Copyright Act (DMCA) creates an important safe harbor from copyright...more

Re-Register Takedown Agent or Lose Copyright Shield

If your website allows for posting of user-generated content and you filed an agent designation insulating you from copyright infringement claims, you may be about to lose that legal protection. All existing paper-filed agent...more

We Shall Overcome Foundation v. The Richmond Organization, Inc. - USDC, S.D. New York, November 21, 2016

In dispute over whether civil rights anthem “We Shall Overcome” is in public domain, district court refuses to dismiss copyright infringement claims on motion to dismiss, holding plaintiffs plausibly alleged (1) defendants’...more

Update To DMCA’s Safe Harbor Agent Designations

Internet service providers keen on preserving the safe harbor provisions contained in the Digital Millennium Copyright Act (“DMCA”) should take note: the U.S. Copyright Office has developed an online system for designating...more

Football Association Premier League Limited v Luxton [2016] EWCA Civ 1097

Sports rights holders and sports broadcasters will be reassured as a result of a recent Court of Appeal (“CoA”) decision, which prevented a pub owner in Swansea from using a foreign-purchased domestic decoder card to show...more

Is Coopting Graffiti's Street Cred a Fair Use?

Estate of Graffiti Artist Sues McDonald’s Over Fast-Food Décor - The estate of Dashiell “Dash” Snow, better known as graffiti artist “Secret Snow”—has sued McDonald’s over allegedly infringing use of Snow’s street art...more

8th Wonder Entertainment, LLC v. Viacom International, Inc. - USDC, C.D. California, November 22, 2016

District court dismisses copyright infringement suit alleging creators of VH1 reality TV show “Love & Hip Hop” copied plaintiffs’ treatment for reality show about women involved with hip hop artists, holding treatment...more

Termination of Distribution Agreement Does Not Affect Licenses to Cloud-Based Access

After finding that a copyright infringement question analyzed by the district court was more properly a contract interpretation issue, the US Court of Appeals for the Second Circuit affirmed the district court’s decision that...more

Don’t Lose Your Website’s Safe Harbor Protection Under the DMCA: New Procedures for Registering Agents

On October 31, 2016, the U.S. Copyright Office announced significant changes to its system for registering an agent to receive notifications of claimed copyright infringement, as required in order to take advantage of the...more

New Registration Required for Designating Agents Under the DMCA

Under new Copyright Office regulations, parties seeking the benefits of immunity under the Digital Millennium Copyright Act must re-register their Designation of Agents for notice and service through a new electronic...more

New Regulations Will Affect Service Provider Protections Under the DMCA

The Copyright Office recently announced amendments to its regulations that, if not followed, will affect a service provider’s eligibility to seek protection under the safe harbor provisions of the Digital Millennium Copyright...more

U.S. Copyright Office Announces Important Changes to DMCA Agent Designation

Effective December 1, 2016 the U.S. Copyright Office is imposing new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who...more

Copyright Office Starts New Process for DMCA Safe Harbor Registration Today

Last month, the Copyright Office issued a final rule governing the designation of agents to receive notifications of claimed infringement under the Digital Millennium Copyright Act (“DMCA”). To help streamline the process,...more

“Who’s on First?” Routine in Broadway Play Strikes Out as Transformative Fair Use

The US Court of Appeals for the Second Circuit determined that a Broadway play’s verbatim use of William “Bud” Abbott and Lou Costello’s “Who’s on First?” comedy routine was not a transformative fair use, but nonetheless...more

9th Circuit opens door to damages against retailers carrying infringing works

One of the attractions of copyright law is that copyright owners can recover substantial damages (which can go up to $150,000 in cases of willful infringement) without having to prove actual losses. But generally these...more

Liability of an internet subscriber for acts of copyright infringement over the internet

A United States film studio, Dallas Buyers Club LLC, made news last year for commencing legal proceedings against internet subscribers for copyright infringement for downloading the movie “Dallas Buyers Club”. ...more

Website Owners, Mobile Application Providers, and Other Online Service Providers BEWARE: Failure to Comply with New DMCA...

Any company that allows third-party users to post or link content to its website, mobile applications, or other online platforms must understand and comply with the new Digital Millennium Copyright Act ("DMCA") safe harbor...more

Changes in Process for Designating Agents for DMCA Safe Harbor Protection

Effective December 1, 2016, companies that wish to benefit from the Digital Millennium Copyright Act's (DMCA's) safe harbors from copyright infringement liability for (i) content stored at the direction of a user (i.e.,...more

Want to Keep Your DMCA Safe Harbor? New Copyright Rules Require Reregistering

If you have a website, you need to reregister your designated agent with the Copyright Office. If you don’t, you will lose the safe harbor protections for copyright infringement liability afforded by the Digital Millennium...more

Online Service Providers: Don't Lose Your DMCA Safe Harbor Protections

On or before December 31, 2017, service providers must provide new designated-agent information to the U.S. Copyright Office through its new online registration system. Otherwise, the online service provider will not be...more

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