News & Analysis as of

Safe Harbors Music Industry

McDonnell Boehnen Hulbert & Berghoff LLP

AI News Roundup – European Union AI Act, NO FAKES Act, music label copyright infringement lawsuit, and more

To help you stay on top of the latest news, our AI practice group has compiled a roundup of the developments we are following....more

Stark & Stark

Road to Safe Harbor: Implementation of Repeat Infringer Policy Necessary for DMCA Safe Harbor Protection from Copyright...

Stark & Stark on

In the cloud-based age where numerous tech giants such as Google, Amazon, and Apple have launched cloud music services, many kept abreast of ongoing legal battles over online service providers’ liability for users’ music...more

Butler Snow LLP

For the Time Being, Tech Companies Remain Shielded from Liability for Users’ Uploaded Content

Butler Snow LLP on

Thanks to recent decisions by the First and Second Circuit Courts of Appeals, tech companies will remain protected from liability for some of their users’ uploaded content under the Digital Millennium Copyright Act (DMCA) and...more

Orrick, Herrington & Sutcliffe LLP

New DMCA Designated Agent Requirements Effective December 2016

On November 1, 2016, the United States Copyright Office published an amendment to 37 CFR § 201.38 that changes the registration requirements for Designated Agents under the Digital Millennium Copyright Act. Effective...more

Neal, Gerber & Eisenberg LLP

New Requirements for Copyright Safe Harbor

The federal Digital Millennium Copyright Act (“DMCA”) provides safe harbors from copyright infringement liability for online service providers that are engaged in specified activities and that meet certain eligibility...more

Proskauer Rose LLP

Copyright Office Establishes New Electronic DMCA Agent Registration

Proskauer Rose LLP on

Service Providers Must Re-register Online to Maintain Safe Harbor Protection - A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required...more

McDermott Will & Emery

Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

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

Akerman LLP - Marks, Works & Secrets

Second Circuit In Vimeo Narrows The Red Flag Knowledge and Willful Blindness Exceptions To DMCA Safe Harbors

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the...more

Ladas & Parry LLP

The Sweet Sounds Of Victory: Vimeo Llc Wins Appeal In Music Copyright Infringement Case

Ladas & Parry LLP on

On June 16, 2016 Vimeo LLC heared the sweet sounds of victory as it won its appeal in a music copyright infringement case (Capitol Records LLC v. Vimeo LLC ) filed in 2009, that centered on the Digital Millennium Copyright...more

Wilson Sonsini Goodrich & Rosati

Second Circuit Extends DMCA Safe-Harbor Protection to Pre-1972 Sound Recordings, Clarifies Scope of Exceptions for Willful...

On June 16, 2016, the U.S. Court of Appeals for the Second Circuit issued its long-awaited decision in Capitol Records, LLC v. Vimeo, LLC, No. 14-1048 (2d Cir. 2016). First, the Second Circuit held that the "safe harbor"...more

Fenwick & West LLP

Intellectual Property Bulletin - Spring 2013

Fenwick & West LLP on

Copyright co-ownership is a well-established method of allocating rights within the software, recording, and motion picture industries. In theory, it presents a clear and simple arrangement and provides a strong degree of...more

BakerHostetler

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

BakerHostetler on

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

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