News & Analysis as of

Digital Millennium Copyright Act Infringement

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

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

Second Circuit Clarifies “Repeat Infringer” Policy Requirement for DMCA Copyright Safe Harbors

Congress enacted the Digital Millennium Copyright Act (“DMCA”) nearly two decades ago seeking to balance the needs of two factions: Content creators, who were struggling to protect their intellectual property in the digital...more

Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

by McDermott Will & Emery on

The US Court of Appeals for the Second Circuit vacated a grant of summary judgment that a defendant had a reasonably implemented repeat infringer policy and therefore qualified for safe harbor protection under the Digital...more

The Impact of 3D Printing on Intellectual Property Rights

The term 3D printing encompasses a number of different additive manufacturing methods that enable the production of physical objects without the need for any specific tooling. 3D printing has, for many years, been forecast as...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

Insurance Coverage for IP Claims: 2013’s Coverage Hits

by K&L Gates LLP on

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

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

TC's inside IP - Summer 2013: Federal District Court Upholds DMCA Safe Harbor for YouTube

by Thompson Coburn LLP on

On April 18, 2013, the United States District Court for the Southern District of New York upheld the Digital Millennium Copyright Act (“DMCA”) safe harbor protection for YouTube following a remand from the Second Circuit in a...more

Intellectual Property Bulletin - Spring 2013: A Victory for the DMCA Storage Safe Harbor; a Pyrrhic Victory for Veoh

by Fenwick & West LLP on

The Ninth Circuit ruled recently that the safe harbor provisions of the Digital Millennium Copyright Act (DMCA) shielded a video-sharing website from copyright infringement liability. In UMG Recordings, Inc. v. Veoh Networks,...more

“Be fruitful and multiply . . . but not in those words”: How much good faith is required when giving birth to a DMCA takedown...

Section 512 of the Digital Millennium Copyright Act (DMCA) provides copyright owners with the ability to demand that Internet Service Providers (ISPs) remove unauthorized copies from the internet. This can be a powerful...more

Copyright Law Reform Engages Both Courts and Congress

Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more

YouTube (Part III) Notice-and-Take-Down Safe Harbour Under the DMCA

by Bennett Jones LLP on

A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more

IP Update, Vol. 16, No. 4, April 2013

by McDermott Will & Emery on

Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more

Viacom’s Copyright Suit against YouTube Again Faces DMCA Roadblocks in the District Court

Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again...more

Viacom v. YouTube Update: What Does It Mean For Me?

by Gray Reed & McGraw on

The district court in New York dismissed Viacom’s lawsuit against YouTube yesterday. Yes, this case has been on appeal and remanded several times. Viacom may appeal the Second Circuit Court of Appeals once again, so it may...more

Intellectual Property Newsletter - March 2013

by King & Spalding on

*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more

Policing the Internet for Copyright Infringement: An Owner's Burden

Courts considering the perplexing copyright questions created by the Internet have been remarkably consistent in one area. A large body of case law provides significant protections to online service providers and places...more

The Ninth Circuit Clarifies Safe Harbor Rules in Veoh Victory

Last week, the Ninth Circuit further clarified the scope of the Digital Millennium Copyright Act’s (“DMCA”) safe harbor provision for online content providers. See UMG Recordings, Inc. v. Shelter Capital Partners LLC, No....more

Copyright Safe Harbors: Establishing Protection Against Infringement Claims

by Fenwick & West LLP on

Fenwick & West Litigation partner Andrew Bridges provides a brief overview of the Safe Harbor provisions of the Digital Millennium Copyright Act (DMCA). The Safe Harbor provisions are designed to protect service providers...more

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