News & Analysis as of

Copyright Digital Millennium Copyright Act

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.

December 31st Deadline for DMCA/OCILLA Designated Agent Renewal Approaching

The U.S. Copyright Office has implemented a new electronic system for registering agents designated to receive notifications of claimed copyright infringement, under Section 512 of the Digital Millennium Copyright Act...more

“Let’s Play:” DMCA Takedown Notices and Game Developer Acquiescence

There is an entire gaming sub-culture developed around watching others play video games. I’m not talking about gathering around the Game Cube in your friend’s basement and passing the only controller. “Let’s Play” videos...more

9th Circuit’s VidAngel decision vindicates lawful video filtering service

by Thompson Coburn LLP on

Some have cast the Disney v. VidAngel proceeding, decided August 24 by the 9th Circuit, as the “big studios” versus the “little guy”; the movie studios’ collective effort to kill filtering. This is far from the truth....more

Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you...more

Intellectual Property 101: What It Is and Why I Should Protect It

by Varnum LLP on

Startups and early stage companies have many things to focus on and worry about, and the protection of intellectual property (IP) is likely not on the top of the list, if it’s on the list at all. Why? Because a business...more

Zazzle Fizzles: Website Operator Denied Copyright Safe Harbor Protection for Its Sale of Physical Products Featuring...

We discussed last year the trend toward companies seeking to monetize user-generated content. A recent Central District of California decision in Greg Young Publishing, Inc. v. Zazzle, Inc. serves as an important reminder of...more

Ninth Circuit Construes Family Movie Act and Affirms Injunction Against Streaming Service

by Snell & Wilmer on

In December 2016, a California federal court issued a preliminary injunction against VidAngel, Inc.’s custom-filtered video streaming service. Thursday, in Hollywood Studios v. VidAngel, Inc., a Ninth Circuit panel affirmed...more

A Bold Victory for Copyright Fair Use

Get your webcams ready: the reaction video genre got a huge shot in the arm from the Southern District of New York this week. h3h3 Productions, a popular YouTube channel with well over four million subscribers, has been...more

Alert: Update: Copyright Office Sending Reminders on New Electronic Registration Requirements

by Cooley LLP on

Last November, Cooley issued an alert advising that the Copyright Office had implemented a new rule requiring all service providers sheltering under the Digital Millennium Copyright Act (DMCA) safe harbor to re-register in an...more

Website Operators Need to Re-register Copyright Agents Under DMCA by December 31, 2017

by Clark Hill PLC on

On December 1, 2016, the U.S. Copyright Office replaced its directory of designated agents for receipt of Digital Millennium Copyright Act ("DMCA") notices of claimed infringement with a new electronic system. As part of...more

Advertising Law - July 2017 #4

‘World’s Best’ Is Puffery, Not Objectively Provable Claim - The claim “World’s Best Glass Cleaner” is puffery, the National Advertising Division decided in a challenge brought by S. C. Johnson & Son Inc. against advertiser...more

The Katten Kattwalk | Issue 13

The Katten Kattwalk discusses legal issues in the fashion industry affecting the trademarks, patents and copyrights associated with companies, brands and products. Please see full Newsletter below for more information....more

Diddy’s @Infringement Instagram Post

by Weintraub Tobin on

In today’s age of rapid fire social media, posting to feed the ever growing hunger of a digitally connected audience has become second nature to celebrities and other influencers. In fact, the larger the number of followers,...more

DMCA Grandfather Clause Does Not Extend to Acquired Business

by McDermott Will & Emery on

Addressing the Digital Millennium Copyright Act (DMCA) grandfather clause that allows “pre-existing subscription services” to pay the pre-1998 reduced royalty rate for digital music licensing, the US Court of Appeals for the...more

Service Providers Must Re-Register Designated Agents by December 31st to Continue DMCA Safe-Harbor Protection

The Digital Millennium Copyright Act (DMCA) provides a great deal of protection to Internet service providers that maintain an online presence (e.g. through the use of a website) through specially defined “safe harbors.” We...more

Time to Zoom In on Application of DMCA Safe Harbor Defense

by McDermott Will & Emery on

In reversing a district court grant of summary judgment in favor of a social media platform, the US Court of Appeals for the Ninth Circuit ordered a deeper look at the degree to which the common law of agency affects a safe...more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

Internet Service Providers Must Register DMCA Agents In Copyright Office’s New Online Registry

by Brooks Kushman P.C. on

The Digital Millennium Copyright Act (“DMCA”) grants Internet service providers and intermediaries (collectively “ISPs”) a series of safe harbors that limit secondary liability for copyright infringement. 17 U.S.C. § 512...more

Reminder: Service Providers Must Comply with New Requirements for Copyright Safe Harbor by December 31, 2017

Under regulations issued late last year by the United States Copyright Office, to receive safe harbor protection, all “service providers” must electronically register an agent to receive notices of copyright infringement...more

You May Be an OSP: Know These Changes to the Digital Millennium Copyright Act

by Blank Rome LLP on

Action Item: This alert provides an overview of important new changes to the Digital Millennium Copyright Act (“DMCA”) portion of U.S. copyright law that impact online service providers (“OSPs)—including countless websites,...more

Entertainment and Media Litigation Update - June 2017

Ninth Circuit: Website Moderators May Be Agents of ISPs - Why it matters: On April 7, 2017, the Ninth Circuit revived a copyright infringement case filed by a paparazzi group against social media platform LiveJournal that...more

Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?

With over one billion websites on the Internet, and 211 million items of online content created every minute, it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are...more

New Safe Harbor Requirement to Maintain Immunity from Copyright Infringement

by Stinson Leonard Street on

Online Service Providers Re-File Your DMCA Agent Designations to Prevent Expiration - If your company has a website that allows third parties to post any kind of content (text, pictures or video), then it may be liable...more

A Multi-Layered Approach to Packaging Protection

by Ladas & Parry LLP on

The way in which a product looks or how it is packaged and sold can often be a driving force in the consumer’s purchasing decision. Yet, the intellectual property rights available for product designs and packaging are...more

Top 7 Reasons Why Websites Need a DMCA Agent

by Jaburg Wilk on

The Digital Millennium Copyright Act (DMCA) provides copyright protection and some limitations of liability for online copyright infringement if safe harbors are used. It governs the majority of US-based websites and...more

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