News & Analysis as of

Internet Copyright

CJEU rules on sale of multimedia players with add-ons to illegal streaming websites

by Hogan Lovells on

There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15 – Filmspeler) that the sale of a multimedia player with...more

Do You Even Meme Bro? The Law of Internet Memes

by Gray Reed & McGraw on

You know you’ve chuckled at a few of them–the ubiquitous internet meme. But, have you ever wondered whether all this sharing, changing and going “viral” is legal....more

Website Operators Must Comply with New DMCA Agent Registration Procedures or Risk Liability for Copyright Infringement

by Wilson Elser on

Initiation of copyright infringement claims on the internet is becoming more prevalent with the increasing sophistication of software that lets copyright owners scour the internet for infringements of images. If your website...more

IP Law December Developments: What to Expect in the Future

by Farella Braun + Martel LLP on

December has been a hot month for IP law, with important developments in several cases that may significantly impact your intellectual property prosecution and enforcement strategies. Here is a brief summary of each of these...more

Leaked Playboy Photographs Case Considers How Hyperlinking Can Infringe Copyright

by Dechert LLP on

The Court of Justice of the European Union (CJEU) has blurred the lines between primary and secondary copyright infringement in a decision concerning hyperlinks to leaked photos of a Dutch celebrity’s Playboy photoshoot. For...more

Know Thy Software Vendor: Website Operator Cannot Sidestep Copyright Infringement Claims over Link to Allegedly Infringing...

Last month, a New York district court refused to dismiss most of the copyright infringement claims asserted against a website operator based on an allegation that the website linked to an infringing copy of plaintiff’s...more

Advanced Copyright Issues on the Internet

by Fenwick & West LLP on

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

ITV & Others v TVCatchup – Advocate General’s opinion makes light work of Court of Appeal’s uncertainty as to the meaning of...

by Reed Smith on

In the previous installment of this dispute, the UK Court of Appeal (CA) referred questions to the Court of Justice of the European Union (CJEU) on the meaning of the expression ‘access to cable of broadcasting services’ used...more

Operators of WiFi Access Points not Liable for Rights Infringements by Users

by Morrison & Foerster LLP on

In a decision dated 12 May 2016, the German Federal Court of Justice (Bundesgerichtshof – BGH) narrowed the scope of liability of WiFi access operators for rights infringements of users of WiFi access points. The court ruled...more

Do Not Go Gentle Into That Jurisdiction: No “Situs of Injury” Merely Because Copyrighted Material Is Accessible

Because content posted online can be accessed nearly anywhere, courts regularly face the issue of whether they have personal jurisdiction over a defendant who posted material to the web or a social media site. Recently, one...more

So I Got This Letter Claiming Infringement. I Didn’t Even Know the Picture Was Copyrighted . . .

by Snell & Wilmer on

... but now the sender wants a lot of money. What should I do? Did I really stumble into a multi-thousand dollar problem just by using an image I found on the Internet? I’ve heard of patent trolls. Is this some sort of...more

California Court: School Districts Cannot Prevent Posting of Videos of Open Board Meetings

by Franczek Radelet P.C. on

Our friends over at the EdLawConnectBlog in California published a blog about an interesting case from the Golden State that school leaders from across the country may find interesting. The case addressed whether school...more

Facebook’s “Copyright” Post - The Sound and the Fury

Users of Facebook no doubt have seen at least some of their friends post the “copyright” update. In brief, the post states “I hereby declare that my copyright is attached to all of my personal details,” including photos,...more

Common IP pitfalls every business can avoid

by McAfee & Taft on

As a business owner or manager, you have probably experienced or at least heard about costly and disruptive intellectual property infringement lawsuits. You may also be very concerned about protecting your company’s customer...more

Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff

A recent decision from the District of Massachusetts demonstrates the difficulties that can arise when attempting to protect copyrighted works displayed on the internet. The July 29, 2015 order issued by the Honorable Patti...more

Will Lenz v. Universal Make Online Copyright Enforcement More Challenging for Copyright Owners

by Weintraub Tobin on

Pending before the 9th Circuit is a case which may change the landscape for online copyright protection. The case, Lenz v. Universal, may make it more difficult for copyright owners to protect against infringement in today’s...more

Sports, Media and Entertainment Intelligence - July 2015 (Global)

by DLA Piper on

FILM AND TV - HUB FOCUS: Recent TV trends in Germany - Our global Media, Sport & Entertainment HUB provides insights into various legal and commercial issues impacting on this space. As part of our HUB FOCUS series, we...more

Are You Ready for the Attack? Online Brand and Reputation Protection

by Goulston & Storrs PC on

It starts with an inaccurate, possibly fake, online review. Then a post appears on a consumer complaint forum. Suddenly, there is a surge of false postings about your company on social media sites. Invariably, these anonymous...more

Sports, Media and Entertainment Intelligence - June 2015

by DLA Piper on

ADVERTISING - UK: Tweaks to rules on sales promotions and competitions - The UK’s Committee of Advertising Practice (CAP) has introduced changes to the provisions of its advertising code which deal with the running of...more

Copyright: Europe Explores Its Boundaries - EU Expands Principle of Pan-European Jurisdiction over Copyright to Online Materials

by Morrison & Foerster LLP on

One focus of the European Union’s Digital Agenda is to break down barriers to cross-border exploitation of intellectual property rights. Consistent with this goal, the European Court of Justice (ECJ) has recently dismantled...more

Sports, Media and Entertainment Intelligence - May 2015 (Global)

by DLA Piper on

COPYRIGHT - Belgium: Even a world famous painter needs to respect copyright - It has been held that the well-known Belgian painter Luc Tuymans breached professional photographer Katrijn Van Giel's copyright through his...more

[Event] Digital Media Update 2015 -May 7, Santa Monica, CA

Please join Sheppard Mullin and Bird & Bird attorneys for cocktails and a discussion about the latest legal updates in digital media. Topics covered will include: - Net neutrality impact on digital media...more

The Bermuda Triangle of Online Defamation: Copyright, Clickwrap and the CDA

We have written many times about attempts to use copyright law to do what defamation law can’t: take stuff down from the internet. Because Section 230 of the Communications Decency Act (“CDA”) prevents a defamation plaintiff...more

ITV & Others v TVCatchUp: In the latest instalment in this long running dispute, the UK courts have again referred this case to...

by Reed Smith on

TVC operates an internet-based live stream service, carrying a number of broadcasters’ channels. ITV, Channel 4 and Channel 5 issued proceedings against TVC in relation to the unauthorised transmission of both their public...more

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of...more

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