News & Analysis as of

Copyright Digital Millennium Copyright Act Music Industry

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.
AEON Law

Patent Poetry: Fourth Circuit Overturns $1 Billion Copyright Infringement Verdict

AEON Law on

The Fourth Circuit has overturned a $1 billion verdict in a copyright case against Cox Communications. As the court explained, Defendant Cox Communications sells internet, telephone, and cable television service to 6...more

Stark & Stark

Road to Safe Harbor: Implementation of Repeat Infringer Policy Necessary for DMCA Safe Harbor Protection from Copyright...

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In the cloud-based age where numerous tech giants such as Google, Amazon, and Apple have launched cloud music services, many kept abreast of ongoing legal battles over online service providers’ liability for users’ music...more

Stinson LLP

Music Licensing in the Age of TikTok

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Trends may come and go, but TikTok is likely here to stay. With many people stuck inside during the pandemic and needing inspiration for new hobbies, they turned to TikTok for recipes, books, dances, fashion, makeup and hair,...more

Foster Garvey PC

Sports & Entertainment Spotlight - June 2021

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Athletes and entertainers are people, too. Albeit, incredibly talented people, but deserving of the same treatment with dignity and respect as how we would want ourselves to be treated. For better or worse, sometimes their...more

Proskauer - Minding Your Business

“Hold Up, Wait A Minute” D.C. Circuit Rejects Copyright Board’s Categorical Exclusion of Internet Transmissions from Grandfathered...

On August 18 the D.C. Circuit directed the Copyright Royalty Board (“CRB”) to reconsider what royalties are owed to artists by Music Choice for its streaming services, vacating the final determination of the Copyright Royalty...more

Morrison & Foerster LLP - Social Media

Will the Music Industry Continue To Win Its Copyright Battle Against ISPs?

For the last twenty years, the music industry has been in a pitched battle to combat unauthorized downloading of music. Initially, the industry focused on filing lawsuits to shut down services that offered peer-to-peer or...more

Robins Kaplan LLP

The Big Three Sue an ISP for Enabling Copyright Infringement

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The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more

Morrison & Foerster LLP

BMG V. Cox Is Major Copyright Victory For Music Industry

While reversing and remanding for a new trial in light of certain errors in the jury instructions, the Fourth Circuit Court of Appeals has largely sided with the copyright holders in the dispute between BMG Rights Management...more

McDermott Will & Emery

DMCA Grandfather Clause Does Not Extend to Acquired Business

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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

Hogan Lovells

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

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While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. ...more

Orrick, Herrington & Sutcliffe LLP

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

Neal, Gerber & Eisenberg LLP

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

Proskauer Rose LLP

Copyright Office Establishes New Electronic DMCA Agent Registration

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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...more

Fish & Richardson

Dancing Baby May Be Headed To Supreme Court

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On August 12, 2016, the Electronic Frontier Foundation (“EFF”) petitioned the Supreme Court on behalf of its client, Stephanie Lenz, to reverse the Ninth Circuit’s decision in Lenz v. Universal Music Corp., 801 F.3d 1126...more

Akerman LLP - Marks, Works & Secrets

Second Circuit In Vimeo Narrows The Red Flag Knowledge and Willful Blindness Exceptions To DMCA Safe Harbors

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the...more

Pillsbury - Internet & Social Media Law Blog

The Dancing Baby Returns: Computer Algorithms, Good Faith and Fair Use

In “The Case of Prince, a Dancing Baby and the DMCA Takedown Notice,” we discussed the potential impact of the Ninth Circuit decision in Lenz v. Universal Music Corp., 801 F.3d 1126 (2015), a.k.a. the “dancing baby case,” in...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Weintraub Tobin

Ninth Circuit Clarifies Copyright Holder’s Responsibility When Sending A Takedown Notice Under The DMCA

Weintraub Tobin on

In July, this author wrote about Lenz v. Universal which, at the time, was pending before the 9th Circuit. On September 14, 2015 the 9th Circuit came down with a ruling which answered whether a copyright owner must consider...more

Pillsbury - Internet & Social Media Law Blog

The Case of Prince, a Dancing Baby and the DMCA Takedown Notice

In 2007, Stephanie Lenz posted a 29-second video to YouTube of her baby dancing in the kitchen with Prince’s “Let’s Go Crazy” playing in the background. Claiming use of their song amounted to copyright infringement, Universal...more

Snell & Wilmer

Ninth Circuit: Copyright Holders Must Consider Fair Use Before Sending DMCA Takedown Notices

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The Ninth Circuit held last week in Lenz v. Universal Music Corp. (the “dancing baby” case) that a copyright holder must consider fair use before sending a takedown notice under the Digital Millennium Copyright Act (DMCA)....more

Nossaman LLP

Baby vs. Prince – “Let’s Go Crazy”: Fair Use And the Digital Millennium Copyright Act

Nossaman LLP on

In view of the Ninth Circuit Court of  Appeals decision in Lenz    v. Universal Music Corp., Case Nos. 13-16106 and 13-16107 (Sept. 14, 2015), copyright owners need to be careful before sending Internet takedown notices for...more

Lewitt Hackman

Online Piracy: 9th Circuit Cautions Copyright Holders re DMCA Takedown Notices

Lewitt Hackman on

A mother who uploaded a 29 second video to YouTube probably never dreamed she'd wind up with over a million views and a lawsuit by a major music publisher that went to the Ninth Circuit court of appeal. Stephanie Lenz...more

Baker Donelson

Dancing Baby Says Play Fair: Copyright Holders Must Consider Fair Use Before Sending a DMCA Takedown Notice

Baker Donelson on

With the exponential growth of internet commerce, business owners are increasingly receiving "takedown" notices under the Digital Millennium Copyright Act (DMCA), involving copyrighted works allegedly improperly used on their...more

Neal, Gerber & Eisenberg LLP

Ninth Circuit Says Think Twice Before Sending That Takedown Notice Under DMCA: Be Sure You Have a Good Faith Belief It’s Not Fair...

The Digital Millennium Copyright Act (DMCA) requires copyright holders to consider fair use before sending a takedown notification, according to the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music...more

Stinson LLP

To Avoid Liability, Consider Fair Use Before Sending A DMCA Takedown Notice

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In the online content takedown and put-back volley provided under the Digital Millennium Copyright Act (DMCA) to limit service provider copyright infringement liability, the Ninth Circuit Court of Appeals held earlier this...more

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