Digital Millennium Copyright Act

News & Analysis as of

"Deliberate Ignorance" Sufficient Mens Rea For Criminal Conviction Under DMCA

As a Circuit judge recently noted in dissent, the Digital Millennium Copyright Act (DMCA) strives to "achieve a balance between strengthening copyright law and preserving consumer rights, promoting technological innovation,...more

Highlights of Digital Millennium Copyright Act Congressional Hearings

On March 13, 2014, the Judiciary Committee of the United States House of Representatives, through its Subcommittee on Courts, Intellectual Property and the Internet, held hearings regarding the copyright infringement notice...more

Business Litigation Reporter - March 2014

In This Issue: Main Article: ..Russia’s Recently Enacted Anti-Bribery Laws Noted With Interest: ..Are Courtroom Technology Costs Reasonably Necessary To The Conduct Of Litigation In California...more

IP Buzz - March 2014

In this issue: - "CANDY" Crushed - DMCA Takedown? Not Without a Registration - Announcements And Reminders - Excerpt from "CANDY" Crushed: From taxi cabs, to subways, to airplanes, to your...more

The DMCA: Seeking Safe Harbor in a Sea of Troubles

Détente can be a beautiful thing. However, as demonstrated by the recent settlement agreement between Mega-media giants Google and Viacom, achieving it can be very expensive. In 2007, Viacom filed suit against YouTube...more

DMCA Takedown? Not Without a Registration

A recent court ruling has provided yet another reason to register your copyrights sooner rather than later. One of the most effective ways of protecting your copyrights is a takedown under the Digital Millennium...more

CafePress Tchotchkes May Not Get Digital Millennium Copyright Act Protection

For those of us who like customized tchotchkes, CafePress is a marvel. You can take any photo or message you like, use the CafePress website to electronically slap it on a t-shirt (or keychain, iPhone case, etc.), and then...more

Online Product Management Beyond DMCA Safe Harbor

The Digital Millennium Copyright Act (DMCA) was in large part designed to help content providers prevent copyright infringement on the Internet. Nonetheless, a countervailing concernt is firmly embedded into its text. In...more

Legally Compliant Online Promotions - Doing Online Promotions Without Getting Sued

In This Presentation: - User Generated Content ..What, Me Worry? What could go wrong with UGC? - The Communications Decency Act ..Section 230 - The DMCA ..Safe Harbor - Sweepstakes, Contests and...more

3D Printing, Copyright Challenges, and the DMCA

I. Introduction - The conventional photocopier makes copies of two-dimensional documents, and computers permit replication of digital audio and video files. Now three dimensional (“3D”) printers can replicate at least...more

And the Grammy for Most Likely to Receive a DMCA Notice Goes to…

Last Sunday was “Music’s Biggest Night,” at least according to the National Academy of Recording Arts and Sciences (NARAS). I haven’t watched many Grammy Award shows, but the possibility of seeing Paul McCartney and Ringo...more

Insurance Coverage for IP Claims: 2013’s Coverage Hits

As policyholders look back at the insurance coverage landscape of 2013, a major take away point is that the courts continue to debunk the myth that there is no coverage for intellectual property claims under the advertising...more

DMCA Deadlines May Not Trump Registration Requirement for Copyright Infringement

Before bringing an action for Copyright infringement in Federal Court, a Copyright holder must first register their Copyright with the U.S. Copyright Office. See 17 U.S.C. § 411. This is true even though a Copyrighted work is...more

WordPress Brings Copyright Claims on Behalf of Bloggers for DMCA Misrepresentation

A few months ago, we reported on the disabled blog of Oliver Hotham, a student in the UK whose reporting on an anti-gay rights group was censored by what appeared to be a politically-motivated takedown notice issued by that...more

Copyright Protection for User Generated Content in Virtual World Confirmed

While a legal battle will continue between a Second Life content "consultant" and a school teacher using the online virtual-world creating program as an educational tool, the Southern District of New York made one thing clear...more

IP Buzz - October 2013

In this issue: - How Capitol Records v. Vimeo Shapes the Content Stream - Internet Platform Held Liable for Counterfeit Sales – Hope for Brand Owners - Daily Journal quotes Greg Sater on native...more

Pinning Down Pinterest: Addressing Copyright and Other IP Issues

Pinterest is a pinboard-style content-sharing website where users can post photos and other content, share images and comment on each other’s content. Its rapid success—it is reported to have more than 50 million users—has...more

Imagine There’s No Safe Harbor: Does the DMCA Apply to pre-1972 Sound Recordings?

Vimeo, the online video service, is seeking leave to appeal to the Second Circuit on the issue of whether sound recordings made prior to 1972 are covered by the safe harbor provisions of the Digital Millennium Copyright Act...more

The MPAA and the Midwives, and Other Cautionary Tales

As we all know, The Motion Picture Association of America (MPAA) has long taken an active role in the debate regarding the advantages and disadvantages of traditional midwifery and modern medical views regarding childbirth....more

Legal concepts every social media marketer should know: Part IV - User Generated Content (Content Treasure Trove v. Legal...

Companies are looking for online interaction with customers, a solid presence on social media, and other dynamic ways to connect with potential consumers. Often, this means campaigns and their websites will rely on some form...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- September 27, 2013

Capitol Records, LLC v. Vimeo, LLC, USDC, S.D.N.Y., September 18, 2013 - District court grants in part and denies in part video-sharing website’s summary judgment motion for safe harbor protection under the DMCA for...more

District Court Adopts Subjective Test For Digital Millenium Copyright Act Takedown Notices

We’ve previously written about Tuteur v. Crossley Corcoran, the Digitus Impudicus copyright case in the District of Massachusetts. The facts can be summarized as follows: Blogger A posted a photo of herself giving Blogger B...more

Building and Protecting Your Association’s Brand in Social Media: Managing the Legal Pitfalls

In this presentation: - Social Media – Everywhere - How Does Social Media Work for You? - When Social Media Works against You - Laws – Evolving - Defamation - Intellectual Property:...more

Lawrence Lessig Files Copyright Suit Over “Bad Faith” DMCA Takedown Notice

The District of Massachusetts may be becoming a center for takedown notice jurisprudence. As we have previously reported, pending before the court is the matter of Tuteur v. Crosley-Corcoran, the outcome of which may...more

Setting the Record Straight on the DMCA: UK Blogger Censored by Questionable Use of US Copyright Law

The Digital Millennium Copyright Act (DMCA) is sometimes criticized for creating more problems than it solves. Section 512 of the DMCA provides a mechanism for copyright owners to demand that Internet Service Providers...more

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