Digital Media

News & Analysis as of

Regarding Beauregarding

A Beauregard claim is a claim to a computer program written as a claim to an article of manufacture: a computer-readable medium on which instructions are encoded for carrying out a process. Beauregard appealed the rejection...more

Balancing Copyright Owners' Rights With ISP Immunities

When an online user violates copyright law, the copyright owner will frequently turn to the user's internet service provider (ISP) for relief. The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that...more

China Contemplates New Regulations to Tighten Its Grip on Internet News

On Jan. 11, 2016, the Cyberspace Administration of China (the “CAC”) issued an announcement to solicit public comments on a draft amendment to the Administrative Rules on Internet News Information Service (the “Draft...more

Manatt Digital Media: Top 10 Predictions for 2016

It's a new year, and that, of course, means it's pundit time. Last year's headline story in digital media was the rapid ascension and burgeoning number of over-the-top (OTT), cord-free streaming video services, led by...more

FTC Issues Enforcement Policy Statement on Native Advertising in New Media

Digital media marketers are aggressively increasing the use of so-called sponsored content, or native advertising to reach new customers. Particularly with the growing use of ad blockers on web and mobile browsers, marketers...more

Copyright Royalty Board Issues Royalty Rate Increase to Pandora

On December 16, 2015, the Copyright Royalty Board released its much-anticipated ruling, increasing the royalty amount that Pandora and other digital streaming services must pay to stream music in 2016. The CRB’s ruling, which...more

2015 Digital Media Year in Review

Yes, it's that time of year again. Nostalgia and reflection time—taking a look at this past year in digital media. Nearly one year ago, Manatt Digital Media CEO Peter Csathy made several predictions for TechCrunch in an...more

Technology, Media and Telecommunications Review – US

This chapter provides an overview of telecommunications, broadband internet access and media regulation in the United States. Given the complexity of such regulation – which is constantly evolving in response to technological...more

Technology, Media and Telecommunications Review – Hong Kong

Hong Kong has one of the most developed telecommunications and internet services markets in the world. Its legal and regulatory system promotes competitiveness while at the same time striving to enhance and facilitate...more

Technology, Media and Telecommunications Review – France

The French regulatory framework is still based on the historical distinction between telecoms and postal activities, on the one hand, and radio and television activities, on the other hand (sectors are still governed by...more

Technology, Media and Telecommunications Review – Germany

ICT contributes more to wealth creation in Germany than the traditional technologies of automotive and mechanical engineering. With an annual business volume of approximately €228 billion in 2014, the ICT sector is one of the...more

Technology, Media and Telecommunications Review – UK

The establishment of the Office of Communications (Ofcom) and the entry into force of the Communications Act 2003 (Act) fundamentally altered the UK communications landscape. The Act mirrored the technological neutrality of...more

Technology, Media and Telecommunications Review 2015 – Competition Law Overview

This chapter provides an overview of antitrust and competition laws (competition law). While competition law was primarily (although not exclusively) an American phenomenon for most of the 20th century, competition law is now...more

Technology, Media and Telecommunications Review – Japan

The media and telecommunications environment in Japan has undergone significant development in 2014 and early 2015. The country has completed implementation of its broadband infrastructure, with a broadband penetration rate...more

Manatt Digital Media - November 2015

This month's newsletter features highlights from the Siemer Summit in Beverly Hills, the SLUSH conference in Helsinki and conversations with the founders of emerging tech start-ups in sensor data technology and virtual...more

“And That’s the End!” 11th Circuit Ends VPPA Action in Ellis, But Leaves the Question of What is PII Unresolved

Digital content and media providers got some good news from the U.S. Court of Appeals for the Eleventh Circuit in October when the court held that plaintiffs must be “subscribers” and not just users of a provider’s service to...more

Alert: Videos On A Newspaper Website Could Fall Under The Audiovisual Media Services Directive – Europe's Top Court

The Court of Justice of the European Union (‘CJEU') judgment last month in New Media Online GmbH v Bundeskommunikationssenat, Case C-347/14, has potentially significant implications for any news organisations hosting...more

Google’s Effort to Digitize Millions of Books is Fair Use

In a recent decision handed down by the United States Court of Appeals for the Second Circuit, the court found that Google’s scanning of copyrighted books as part of its Library Project amounted to “fair use” and did not...more

Brussels Regulatory Brief: September/October

On 11 September, TeliaSonera and Telenor have abandoned the proposed merger of their business units in Denmark. The contemplated transaction would have resulted in the establishment of a joint venture active in the provision...more

Attention UGC Marketers—Are Your Permissions in Order?

Brand companies have come to view user-generated content as often one of the most effective and authentic ways to advertise their products or services. This is known as “user-generated content marketing.” For example, with...more

Another Page in the Google Books Saga: Appeals Court Blesses Mass Digitization Project as Fair Use

Those of us of a certain age (read: old) still recall standing in line at the bank of copy machines in the school library, quarters in hand, waiting to copy a few pages of a key piece of research found in the stacks. Those...more

Transforming Works: The Second Circuit Rules That the Google Library Project Digitization Is a Transformative Fair Use in Authors...

On October 16, 2015, the Second Circuit affirmed the district court’s ruling in Authors Guild, Inc. v. Google Inc., 954 F. Supp. 2d 282 (S.D.N.Y. 2013), previously reported here, that Google’s digitization of complete...more

Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses

Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting over 4,500 lawsuits...more

Second Circuit Affirms Fair Use in Google Books Decision

The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public...more

Users of free mobile apps not protected by Video Privacy Protection Act

Significantly, the Eleventh Circuit issued an opinion on October 9th that consumers who download and use free mobile apps do not fall within the definition of a “subscriber” under the Video Privacy Protection Act (VPPA)....more

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