Digital Millennium Copyright Act

News & Analysis as of

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

Twitter, the Drone Selfie and Charting a Course for New Technology

A recently published patent application filed by Twitter provides a possible glimpse into the future of social media and selfies—and it’s a future arriving on the wings of that poster child of modern technology, the unmanned...more

The Complicated Relationship between DMCA Takedown Notices and the Word “Expeditious”

Hours. Days. Weeks. Months. When it comes to acting on copyright infringement takedown notices, just how fast is fast enough for social media platforms? Some recent (and not-so-recent) cases reveal how difficult the question...more

New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content

In this election season, we hear a lot of complaints about laws stifling business innovation. And there is no doubt that some laws have this effect. But what about laws that spur innovation, that result in the creation...more

ISPs on ALERT: Failing to Terminate Repeat Infringers Can Be Costly

A recent court order from the United States District Court for the Eastern District of Virginia—and a resulting jury verdict – may be instructive to internet service providers (“ISPs”) when it comes to their “repeat...more

2015: Our Greatest Hits

Last year, entrepreneurs, companies and courts grappled with questions over content owners’ rights with respect to livestreaming, Yelp reviewers’ anonymity expectations, bankruptcy creditors’ access to business’ Facebook and...more

"Let's [Not] Go Crazy" with Copyright Takedown Notifications

Stephanie Lenz posted a short home video on YouTubein February 2007 of her two young children dancing to a barely audible recording of the Prince song “Let’s GoCrazy.” In June of the same year, YouTube received a takedown...more

December 2015: Entertainment Litigation Update: Ninth Circuit Holds That Copyright Holders Must Consider Fair Use Before Sending...

In Lenz v. Universal Music Corp., No.13-16106 (9th Cir. Sept. 14, 2015), the Ninth Circuit became the first federal court of appeals to address the question of whether fair use constitutes “authorization under the law” under...more

Printing Infringement: Are 3-D Printers the Next Napster?

Happy 2016! I hope everyone had a fun and festive new year celebration. As for me, I’ll be spending my three-day weekend tinkering with this...more

Latest DMCA Triennial Review Permits Jailbreaking, Video Game Preservation, And More

Most readers of this blog are well-acquainted with the Digital Millennium Copyright Act (DMCA) and the anti-circumvention provisions codified therein, 17 U.S.C. § 1201 et seq., which prohibit the circumvention of...more

Greater liability for ISP’s

In a sure-to-be-appealed verdict last week, a federal court jury in the Eastern District of Virginia found Cox Communications liable to pay $25 million to music publisher BMG Rights Management for contributory copyright...more

Consumer Review Freedom Act of 2015 Wins Support of Every Senator

There isn’t much that all members of the U.S. Senate can agree on these days, but protecting the ability of consumers to write reviews of businesses has emerged as a uniting issue. The Senate voted unanimously December...more

Fair Use’s Jedi Knight

This isn’t necessarily new news, but I thought it deserved a post regardless. Back in late November, Google announced a new policy of pushing back against copyright holders issuing DMCA takedown notices regarding videos...more

Google Gives Fair Use on YouTube a Fighting Chance

Last month, Google announced a groundbreaking policy that may help shift the balance of power between copyright claimants and those who upload YouTube videos that may be covered by fair use. According to Google’s Public...more

Intellectual Property and Technology News Series: Supreme Court Corner: Q4 2015

RECENT DECISIONS Lenz v. Universal Music Corp., et al. (9th Cir.)* COPYRIGHT – DECIDED: SEPTEMBER 14, 2015 Holding: A copyright owner must consider fair use prior to issuing a take-down notice under 17 U.S.C. §...more

YouTube Commits to Protecting Fair Use, a Few Cases at a Time

YouTube announced that it will “offer legal support” to a small set of videos that it thinks are “some of the best examples of fair use on YouTube” and “represent clear fair uses which have been subject to DMCA [Digital...more

ISPs That Ignore Notices From “Copyright Trolls” Risk Losing DMCA Safe Harbor Protections

Representing copyright owners attempting to enforce online infringement is often routine, but can sometimes prove challenging. This tends to be the case when a content owner is trying to address large scale infringement of...more

A New Lenz: Google Weighs In on Fair Use

The Digital Millennium Copyright Act creates a liability “safe harbor” for online service providers that post content that may be protected by copyright. It facilitates the takedown of an infringing work by providing a...more

YouTube to Take a Stand for Fair Use

As we have written elsewhere on this blog, the Ninth Circuit Court of Appeals recently held that copyright owners must consider fair use before submitting takedown requests to internet service providers under the Digital...more

The Give and Take of the 2015 Library of Congress Sec. 1201 Copyright Exemptions

I used to love working on cars. As a teenager I had a 1972 Karmann Ghia, which I could repair, MacGyver-like, with rubber bands, tinfoil, and sticks of chewing gum. But as automotive technology advanced, the prospect of...more

DMCA Loosening the Reins for Education

You may know the Digital Millennium Copyright Act (“DMCA”) from the widely deployed DMCA take-down notices that copyright owners use to remove putatively infringing content from the Internet. Enacted in 1998, the DMCA is...more

New DMCA Exemption Keeps Enthusiasts in the Game

Due to efforts by the Electronic Frontier Foundation (EFF), the Library of Congress adopted in its recent guidelines a limited exemption to the Digital Millennium Copyright Act (DMCA), allowing gamers and preservationists to...more

Advertising Law - November 2015

Fantasy Sports Has a New Teammate: Nevada Gaming Commission - Nevada's Gaming Control Board announced that fantasy sports will be regulated like other forms of gambling, and ordered operators to halt operation in the...more

Copyright Holders Must Consider Fair Use Before Issuing DMCA Takedown Notification - Lenz v. Universal Music Corp. et al.

The U.S. Court of Appeals for the Ninth Circuit ruled that copyright holders must consider the fair-use doctrine prior to issuing a takedown notification under the Digital Millennium Copyright Act (DMCA). Lenz v. Universal...more

Establishing the Boundaries of the OCILLA Safe Harbor

As user-generated content explodes over the Internet, intellectual property disputes over posting or uploading such content without the owner’s consent continue to escalate. As we touched on in a recent post, social media...more

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