Copyright Safe Harbors: Establishing Protection Against Infringement Claims
In this ever-growing world of global digital media, U.S. digital media providers are increasingly finding themselves subjected to the varying, and in some instances, evolving laws related to intellectual property protection...more
According to a recent Business Insider story, the future of 3D printing is now. If recent news headlines are anything to go by, BI is onto something: from saving the life of a child with a custom-made airway tube to creating...more
Big changes may be afoot in copyright law these days, via both litigation and legislation. Courts are considering sweeping infringement claims with potentially far-reaching implications, and Congress is beginning the process...more
A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites....more
The general legal advice to website operators who allowed User Generated Content (UGC) in the form of comments, videos or pictures used to be relatively easy....more
In this issue: - Product Demonstrations Deliver Reward…and Risk - Sometimes the Claim is in the Eye of the Beholder - Viacom v. YouTube Decision Maintains DMCA Safe Harbor for Video Site - TCPA...more
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
In this issue: - Federal Circuit: Speak Now or Forever Hold Your Appeal - The Federal Circuit Draws the Line on Permissible Changes to Design Patent Claims – Or Does It? - DMCA Safe Harbor Upheld for...more
My cell phone rings at 6:30 on a Friday evening. It's the CEO of a client company and she is panicked. Hysterical. It turns out she was doing some "old-fashioned" investigating by performing Google searches on herself and the...more
Obviousness-Type Double Patenting May Exist When There Is Neither Common Ownership nor Common Inventorship - Addressing an obviousness-type double patenting rejection, the U.S. Court of Appeals for the Federal Circuit...more
- Viacom International v. Google Inc., USDC S.D. New York, April 18, 2013: On remand from the Second Circuit, district court grants summary judgment in favor of Google and its YouTube platform on all copyright...more
Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again...more
On April 18, 2013, the U.S. District Court for the Southern District of New York again held that YouTube is subject to the safe harbor provisions of the Digital Millennium Copyright Act as an internet service provider despite...more
Yesterday a NY court again dismissed Viacom's $1 billion suit against Google/YouTube for copyright infringement. The court found that the DMCA shielded YouTube from liability after an appelate court vacated the prior...more
*News from the Bench: - First Sale Doctrine Applies To Copyrighted Works Lawfully Made Abroad. - Dissenting Federal Circuit Judges Abide By The Akamai Standard. - More On Joint Infringement and The Akamai...more
3D printing technology is becoming more popular as companies such as MakerBot Industries continue to introduce more affordable desktop 3D printers. With these machines, which work by printing layers of plastic, metal,...more
Courts considering the perplexing copyright questions created by the Internet have been remarkably consistent in one area. A large body of case law provides significant protections to online service providers and places...more
In This Issue: - UMG Recordings Inc. v. Veoh Networks Inc., USCA Ninth Circuit, March 14, 2013: Ninth Circuit upholds DMCA safe harbor protection from copyright infringement liability for defendant video-sharing...more
In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet A. The Right of Reproduction - 1. The Ubiquitous Nature of "Copies" on the Internet...more
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
Now that 2013 has arrived, we look forward to a new year of media cases. However, in order to orient ourselves for 2013, it is important to stop and take a look back at some of the relevant entertainment and media cases of...more
In This Issue: - Written Contracts and the Statute of Limitations...Page 1 - Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2 - Business Tort Brings Sanctions...Page 3 -...more
A recent Fairfax County defamation case involving a consumer’s scathing postings against a contractor on Yelp and Angie’s List raises the issue as to who can be held liable for postings made by third parties. Can the...more
Last week a California federal judge declined to enter a preliminary injunction sought by actress Cindy Lee Garcia, which would have required YouTube to remove the 14-minute anti-Islamic film “Innocence of Muslims” that has...more
The U.S. Copyright Office recently issued its exemptions to the Digital Millennium Copyright Act of 1998 ("DMCA"). The exemptions, effective as of Oct. 28, 2012 define the limited circumstances that users are allowed to...more
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