On Monday, June 24, 2024, the three U.S. major record labels, Universal Music Group, Warner Music Group and Sony Music Entertainment, filed copyright infringement claims against two artificial-intelligence (AI) music...more
Strange as it may be, with vast majority of the world still reeling from the COVID-19 pandemic, we are on the eve of the opening ceremony for the “2020” Tokyo Summer Olympics. Olympic games in “normal” times are logistical...more
Well, today is the big day. If you’re reading this week’s installment of the Spotlight, it means that you survived the long and arduous journey of the name, image and likeness (NIL) era in college sports. Indeed, with the...more
Less than three weeks remain for either the National Collegiate Athletic Association (NCAA) or for Congress to act to stem the impending chaos on July 1 when college athletes’ name, image and likeness (NIL) laws go into...more
The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more
In “The Case of Prince, a Dancing Baby and the DMCA Takedown Notice,” we discussed the potential impact of the Ninth Circuit decision in Lenz v. Universal Music Corp., 801 F.3d 1126 (2015), a.k.a. the “dancing baby case,” in...more
Apparently, George Lucas is not the only party in California who can edit his own work after release in order to change aspects he does not like. While perhaps not as culturally significant as changing Star Wars: A New Hope...more
Ninth Circuit Amends "Dancing Baby" Decision: Lenz v. Universal Music Corp., Nos. 13-16106, 13-16107 (9th Cir. Mar. 17, 2016) - On March 17, 2016, the Ninth Circuit amended its prior opinion in the famed "Dancing Baby"...more
While many were focused on “The Big Dance” on March 17, 2016, the 9th Circuit Court of Appeals did some “dancing” of its own. The Court issued a revised opinion in Lenz v. Universal and thereby amended what has been referred...more
When computer science professor Scott Fahlman posted a sideways smiley face on an electronic message board at Carnegie Mellon University in 1982, he could not possibly have known that combination of dots and dashes would give...more
Behind the scenes of the Internet’s current swirl of memes, mashups and other viral content is a massive system of takedown notices and counternotices passing back and forth between content owners, web hosts and users,...more
Stephanie Lenz posted a short home video on YouTubein February 2007 of her two young children dancing to a barely audible recording of the Prince song “Let’s GoCrazy.” In June of the same year, YouTube received a takedown...more
The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more
The Second Circuit Court of Appeals ruled today that Google's digitization of books for use in its Google Books and Google Books Library Project is not copyright infringement. The Court also ruled that providing a public...more
In 2007, Stephanie Lenz posted a 29-second video to YouTube of her baby dancing in the kitchen with Prince’s “Let’s Go Crazy” playing in the background. Claiming use of their song amounted to copyright infringement, Universal...more
The Ninth Circuit held last week in Lenz v. Universal Music Corp. (the “dancing baby” case) that a copyright holder must consider fair use before sending a takedown notice under the Digital Millennium Copyright Act (DMCA)....more
On September 14, 2015, the Ninth Circuit Court of Appeals, ruling in Lenz v. Universal Music Group, 2015 U.S. App. LEXIS 16308 (“Lenz 2015”), affirmed the denial of the respective parties’ motions for summary judgment... In...more
In view of the Ninth Circuit Court of Appeals decision in Lenz v. Universal Music Corp., Case Nos. 13-16106 and 13-16107 (Sept. 14, 2015), copyright owners need to be careful before sending Internet takedown notices for...more
The Digital Millennium Copyright Act (DMCA) requires copyright holders to consider fair use before sending a takedown notification, according to the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music...more
Earlier this week, the Ninth Circuit affirmed the Northern District of California’s denial of cross motions for summary judgment in Lenz v. Universal Music. In an opinion by Judge Richard Tallman, the Court held that the...more
In the online content takedown and put-back volley provided under the Digital Millennium Copyright Act (DMCA) to limit service provider copyright infringement liability, the Ninth Circuit Court of Appeals held earlier this...more
In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a...more
A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit held on Sept. 14, 2015, that a copyright owner must consider whether a third party's online use of copyrighted content constitutes fair use before...more
Behind the scenes of the Internet’s current swirl of memes, mash-ups, and other viral content is a massive system of takedown notices and counter-notices passing back and forth between content owners, web hosts, and users,...more
Monday, the Ninth Circuit ruled copyright owners must consider the fair use doctrine before sending a takedown notice under the Digital Millennium Copyright Act in Lenz v. Universal Music Group. Read the case here: Lenz v....more