Music Digital Millennium Copyright Act

News & Analysis as of

9th Circuit Confirms Duties for Posting DMCA Takedown Complaints

As Canada begins to settle in with the new “notice and notice” provisions under the Copyright Act (Canada) which came into force January 2, 2015, copyright owners in Canada still need to address infringing content posted on...more

Alert: Ninth Circuit: Copyright Owners Must Consider Fair Use Defense Before Sending Takedown Notices

On September 14, 2015, the Ninth Circuit Court of Appeals held that parties who send "takedown notices" under the authority of the Digital Millennium Copyright Act ("DMCA") must consider whether the subject work constitutes a...more

Before Sending DMCA Takedown Notice, Copyright Owners Face Duty to Consider Fair Use, Says Appeals Court

On September 14, 2015, the United States Court of Appeals for the Ninth Circuit held that copyright owners have a “duty to consider—in good faith and prior to sending a [DMCA] takedown notification—whether allegedly...more

Intellectual Property Alert: DMCA Takedowns Require Consideration of Fair Use

The U.S. Court of Appeals for the Ninth Circuit has held that copyright holders must at least consider fair use before issuing a takedown notice under the Digital Millennium Copyright Act (DMCA). The decision, in Lenz v....more

Entertainment and Media Litigation Update

Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...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

Potential Bad News for UGC Music Sites: Pre-1972 Tracks May Not Be Covered By the DMCA’s Safe Harbor

When you think of “Peggy Sue” by Buddy Holly, “Johnny B. Goode” by Chuck Berry, and “My Girl” by the Temptations, you think classic, iconic, rock and roll. Now, in light of the most recent legal setback against music sharing...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 6, 2013

In This Issue: - Lenz v. Universal Music Corporation, USDC N.D. California, January 24, 2013. District court denies parties’ motions for cross summary judgment on plaintiff's claim of misrepresentation under the...more

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