News & Analysis as of

Online Platforms Copyright Infringement

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Arnall Golden Gregory LLP

The Pitch - July 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Faegre Drinker Biddle & Reath LLP

The ABC’s of the DMCA for OSP’s

We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US...more

International Lawyers Network

IP ├ IP???: The Logic Of Election Year Legal Disputes Over Proprietary Intangibles

Title? Typo? Cryptic code? Equation? Really it is a combination of three of the four. In other words, it is not a typo (You can look elsewhere in this piece for those)....more

Cranfill Sumner LLP

The Modern Napster: Will OpenAI End Like the File Sharing Platform?

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On December 27, 2023, the New York Times sued OpenAI for copyright infringement. OpenAI is the company behind popular application ChatGPT. The New York Times’s lawsuit is not unique but could be hugely consequential to...more

Bradley Arant Boult Cummings LLP

No Laughing Matter: Comedian Sarah Silverman Sues Meta Platforms and OpenAI for Copyright Infringement

Comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden recently filed class-action lawsuits against Meta Platforms (parent company of Facebook) and ChatGPT maker OpenAI (backed by Microsoft Corp.) for...more

Whitcomb Selinsky, PC

The DMCA: How to Take Down Infringing Cyber Content

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If you have a small business, few things can be as frustrating as seeing another business take your creative content (i.e., product descriptions, photos, names, and so forth) and re-post them as its own. You worked hard...more

Smart & Biggar

[Ongoing Program] Brands in the Metaverse: Protecting Trademarks & Copyrights Online, in Digital Media, and Beyond - September...

Smart & Biggar on

The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...more

Morrison & Foerster LLP

European Digital Compliance: Key Digital Regulation & Compliance Developments - April 2022

To help organisations stay on top of the main developments in European digital compliance, Morrison & Foerster’s European Digital Regulatory Compliance team reports on some of the main European digital regulatory and...more

Proskauer - Minding Your Business

Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts

Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner

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On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act, or DMCA, along with its takedown procedures for content owners. They also review safe harbor...more

Proskauer - New Media & Technology

Another NY Court Repudiates Ninth Circuit “Server Test” in Case over Embedded Video

On July 30, 2021, a New York district court declined to dismiss copyright infringement claims with respect to an online article that included an “embedded” video (i.e., shown via a link to a video hosted on another site). ...more

International Lawyers Network

Enforcing IP Rights Through Online Intermediaries: The Need for Regulation in Canada

The rise of online intermediaries, such as Google, Amazon, and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges. It...more

Foster Garvey PC

Sports & Entertainment Spotlight: What the Supreme Court Ruling in Alston v. NCAA Means for the Future of College Sports

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“The NCAA is not above the law.” Those seven words capped Justice Brett Kavanaugh’s searing concurring opinion issued in connection with Monday’s (June 21) unanimous (9-0) U.S. Supreme Court ruling in Alston v. National...more

Hogan Lovells

The end of an odyssey: The German Act to adapt copyright law to the requirements of the Digital Single Market

Hogan Lovells on

The German Act to adapt copyright law to the requirements of the Digital Single Market will enter into force on 7 June 2021 – as the first national transposition of the Digital Single Market Directive ...more

Royer Cooper Cohen Braunfeld LLC

The Shaky Ground of Unauthorized Embedding

A series of recent cases and settlements involving the unauthorized embedding of images into third-party online content have called into question long-held assumptions that embedding did not infringe upon a copyright holder’s...more

Latham & Watkins LLP

VG Bild-Kunst: Practical implications of the CJEU’s latest decision on linking and framing

Latham & Watkins LLP on

This recent CJEU decision raises a number of considerations for content rights holders and for those seeking to link to content online, across both the EU and the UK - Under UK and European laws, the rights of copyright...more

Arnall Golden Gregory LLP

Times They Are A Changin’… and Your Website Terms and Policies Should Too

It is a good time to review your website and its accompanying terms and conditions and privacy policies. From year to year, the legal landscape evolves with changes being driven by technological advancements, shifting...more

Hogan Lovells

German Federal Court of Justice: Personal image for unrelated content is unlawful "clickbait" advertising

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The German Federal Court of Justice recently issued a decision declaring that the use of a photo of a prominent person for an editorial article infringes upon the right to one's own image if the photo is only used as a...more

Spilman Thomas & Battle, PLLC

New Tribunal Created for Unauthorized Streaming Services

On December 21, 2020, Congress passed the Copyright Alternative in Small-Claims Enforcement Act of 2020 ("CASE Act") and a law on penalties for certain digital transmission services that make unauthorized uses of...more

Stinson LLP

DMCA Takedown Notices: A New Opponent for Streamers

Stinson LLP on

For several months, live sporting events were halted because of the pandemic, yet during this period of uncertainty, the esports ecosystem has been active and thriving. The increased activity has meant substantial growth for...more

Morrison & Foerster LLP

EU Copyright Directive – Quo Vadis: First Steps Towards Its German Implementation

On June 7, 2019, the highly controversial EU Copyright Directive (“Directive”) came into force, requiring EU Member States to transpose its provisions into national law by June 7, 2021. To recap, the most relevant...more

Tarter Krinsky & Drogin LLP

Law Brief: The Legal Perils of Video Marketing

Intellectual Property Partner Mark Rosenberg joins host and Litigation Partner Rich Schoenstein to discuss the “Legal Perils of Video Marketing” on the latest episode of Law Brief. Mark and Rich delve into the legal...more

McAfee & Taft

Navigating the social media maze of copyright

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As 2020 marches on, companies continue to focus on social media and other online forms of marketing and advertising to connect with their customers. Unfortunately, by advertising and connecting through social media, companies...more

McCarter & English, LLP

Like, Comment, Share, And Protect The Copyright Of Digital Content

Do you produce and share content through social media or a blog? You may be surprised to know that, until now, little copyright protection was available under U.S. law for digital works. Especially considering the ability to...more

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