News & Analysis as of

Takedown Notices

Five Steps to Respond to Revenge Porn

by Revision Legal on

A friend calls and tells you that there are nude photos of you online and they’re pretty sure you didn’t post them. You go to the website they tell you and sure enough, there they are – pictures you once shared with someone...more

Washington Federal Court Rejects Policyholder’s “Separate Claim” Argument

by Carlton Fields on

In April, a federal district court in the Western District of Washington issued a decision in National Union Fire Insurance Co. v. Zillow, Inc. While at first blush, it may seem only of interest to those who work with media...more

Court holds that displaying photos requires more than making them available

by Thompson Coburn LLP on

While a donut with no hole may be a Danish, a photograph is not publicly displayed if the public never sees it. And in photography copyright cases, these near metaphysical questions matter....more

Ukraine: The rules regarding a combat of Internet piracy entered into force (Ukrainian)

by Dentons on

On 26 April 2017 amendments to the Law of Ukraine “On Copyright and Related Rights” (the Law) and a number of other normative acts adopted by the Verkhovna Rada of Ukraine (the VR of Ukraine) on 23 March 2017 and aimed at...more

Ukraine: The rules regarding a combat of Internet piracy entered into force

by Dentons on

On 26 April 2017 amendments to the Law of Ukraine “On Copyright and Related Rights” (the Law) and a number of other normative acts adopted by the Verkhovna Rada of Ukraine (the VR of Ukraine) on 23 March 2017 and aimed at...more

Locked Out: Zillow’s Failure to Provide Insurer Timely Notice of DMCA Takedown Notice Precludes Coverage Under a Claims-Made...

by Dorsey & Whitney LLP on

Last month the United States District Court for the Western District of Washington held that a Digital Millennium Copyright Act (“DMCA”) Takedown Notice triggered a policyholder’s obligation to notify its claims-made insurer....more

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

by Fenwick & West LLP on

A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more

DMCA Safe Harbors De-Coded

by Fenwick & West LLP on

Organizationally speaking, the Safe Harbors part of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, doesn't make much sense. Provisions governing related matters are often scattered through the section, and...more

Your DMCA Safe Harbor Questions Answered

by Fenwick & West LLP on

Do you need the answer right now to one particular question about the DMCA and its (so-called) “Safe Harbors”? Here you go! But be warned: we’re painting with a broad brush, so you will have to go further – including seeking...more

Intellectual Property Bulletin - Winter 2017

by Fenwick & West LLP on

A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more

First Circuit Affirms Dismissal of FCA Off-Label Marketing Case for Failure to Meet 9(b) Particularity Requirement

by Ropes & Gray LLP on

In Lawton v. Takeda Pharmaceutical Co. et al., 842 F.3d 125 (1st Cir. 2016), the First Circuit affirmed the lower court’s dismissal of a False Claims Act (“FCA”) suit alleging a drug maker fraudulently marketed a product for...more

ORAL B Wireless Floss?

I recently purchased a post-holiday present (for myself) – Apple’s AirPods, wireless headphones designed to integrate with Apple’s various products, including the iPhone 7 (which, helpfully, discarded the headphone jack in...more

Supreme Court Corner - Q4 2016

by DLA Piper on

CASES WE ARE WATCHING Lenz v. Universal Music Corp. - COPYRIGHT – Cert. Pending ISSUE: Whether, in sending a takedown notice under the DMCA, the copyright holder’s “good faith belief” of copyright infringement may be...more

New Electronic System for DMCA Safe Harbor Agent

by Poyner Spruill LLP on

If your company hosts or operates an interactive website that allows users to post or upload materials, you need to have a Digital Millennium Copyright Act (DMCA) policy. A DMCA policy gives copyright owners the opportunity...more

ALERT: Re-docking at the Safe Harbor: US Copyright Office Requires Re-Registration for Digital Millennium Copyright Act Safe...

by Pullman & Comley, LLC on

On December 1, 2016, the US Copyright Office outlined a new online procedure for websites, hosting companies, mobile app publishers and other internet services that permit user-generated content (service providers) to...more

Action is Necessary: Designate Your Copyright Agent To Ensure Your DMCA Safe Harbor Protection Continues

Under the Digital Millennium Copyright Act (“DMCA”), an online service provider (“OSP”) – such as the owner of a website that allows users to post user content – may be eligible for a safe harbor from copyright infringement...more

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

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

Copyright Office Establishes New Electronic DMCA Agent Registration

by 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

Re-Register Takedown Agent or Lose Copyright Shield

by McCarter & English, LLP on

If your website allows for posting of user-generated content and you filed an agent designation insulating you from copyright infringement claims, you may be about to lose that legal protection. All existing paper-filed agent...more

Want to Keep Your DMCA Safe Harbor? New Copyright Rules Require Reregistering

by Ballard Spahr LLP on

If you have a website, you need to reregister your designated agent with the Copyright Office. If you don’t, you will lose the safe harbor protections for copyright infringement liability afforded by the Digital Millennium...more

Faster, Cheaper Designation of Agents to Accept DMCA Take-Down Notices

A message in a bottle tossed into the sea stands little chance of reaching its intended recipient anytime soon. A notice, to be effective, must be delivered to someone somewhere as expeditiously as possible. What if that...more

Trump Skittles tweet illustrates photo copyright hazards

by Thompson Coburn LLP on

Even Halloween candy and political messages can implicate copyright law, as Donald Trump Jr.’s Skittles tweet illustrates. Back in September, Trump sent a tweet incorporating a photograph of a bowl of Skittles entitled,...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

Trick or Tweet? Team Trump Gets Sued Over Skittles Twitter Pic

by Dorsey & Whitney LLP on

Life may not be bowl of cherries for Mr. Trump’s presidential campaign these days. It’s more like a bowl of Skittles, as that is exactly what landed Team Trump in a copyright infringement suit filed in Chicago federal court...more

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