Digital Millennium Copyright Act

News & Analysis as of

Is Ashley Madison abusing the Digital Millennium Copyright Act in the Wake of Hack?

In July, a group of hackers identifying themselves as the Impact Team took over the computer systems of Avid Life Media (“ALM”), the parent company of the adultery-oriented website Ashley Madison, threatening to release the...more

Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff

A recent decision from the District of Massachusetts demonstrates the difficulties that can arise when attempting to protect copyrighted works displayed on the internet. The July 29, 2015 order issued by the Honorable Patti...more

Twitter, the DMCA and Copyright in the Age of Sharing

As social media platforms continue to find new ways to allow users to share, post, and forward nonoriginal content and users become more engaged in the practice, the platforms hosting the content and disgruntled original...more

The Case of the Missing Designated Agent: Omitting Subsidiaries From Your DMCA Filing May Be Costly

Many of our fine readers are by now well acquainted with the Digital Millennium Copyright Act (DMCA), the late-‘90s era addition to the Copyright Act intended to address an increasingly digital copyright landscape. The DMCA...more

Beme, or BeHBO / BeShowtime / BePayPerView?

It has been a tumultuous year for copyright owners. The old cliche is “if you love something, set it free,” but it seems plenty of third parties are happy to take on that task when it comes to copyrighted content....more

Will Lenz v. Universal Make Online Copyright Enforcement More Challenging for Copyright Owners

Pending before the 9th Circuit is a case which may change the landscape for online copyright protection. The case, Lenz v. Universal, may make it more difficult for copyright owners to protect against infringement in today’s...more

Owners of Celebrity Fan Sites Still in the Spotlight for Copyright Liability Without DMCA Safe Harbor

The Southern District of New York recently stressed the importance for internet service providers (“ISPs”) to comply with “safe harbor” requirements of the Digital Millennium Copyright Act (“DMCA”) in order to be shielded...more

A Plea to Interactive Websites: Check Your Copyright Agent Designations or Prepare to Face Liability for Your Users' Content

On June 30, 2015, a New York court provided a good excuse for anyone with an interactive website to double-check that its copyright agent designations with the U.S. Copyright Office are complete and accurate. Don’t know what...more

That Google Image Search Could Result in Trouble

One aspect commonly associated with building and maintaining a business is the company website. Establishing an online presence can be an important tool for connecting with customers. While website creation can be a...more

The Right to Give One-Star Reviews

Congress has taken a step toward protecting consumers’ rights to post negative reviews on websites like Ripoff Report or Yelp with the introduction, by Representative Darrell E. Issa of California, of the Consumer Review...more

Entertainment and Media Litigation Update

Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...more

California’s Eraser Law: What IP Attorneys and Owners Need to Know

Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got a bigger problem: When he was 17, he was not as wise as he is now at the...more

Intellectual Property Bulletin - Spring 2015

California’s Eraser Law: What IP Attorneys and Owners Need to Know - Hector recently graduated from UC Berkeley and is anxious about his upcoming job interview. He is about to enter the adult world. But he has also got...more

3D Printing, Innovation Protection, and Manufacturing: The Big Change is Now

Intellectual property (IP) law is undergoing a major transformation just as additive manufacturing? or 3D printing? has begun to revolutionize the manufacturing industry. The interplay between these two forces could end up...more

In re DMCA Subpoena to eBay Inc. - USDC, S.D. California, June 5, 2015

Subpoena issued to eBay pursuant to DMCA, seeking to identify alleged infringers, is deemed valid under express statutory language despite eBay’s pre-subpoena removal of allegedly infringing material in response to related...more

Other Peoples’ (Adult) Content (Episode 15)

There are so many legal issues in Episode 15 that it’s hard to know where to begin, so I’m going to start at the end: porn. Pied Piper is competing against nemesis Endframe for a $15 million contract from the online porn...more

I Didn’t Say That – The Ability of Actors to Control Their Performances Under Canadian Copyright Law

When the United States Ninth Circuit Court of Appeals issued its 2014 opinion in Garcia v Google, its tentative conclusion that actors might enjoy copyright protection in their on-screen performances was met with vociferous...more

“Hollywood Circuit” Court Issues En Banc Decision in Garcia v. Google: No Copyright Protection for Fleeting Dramatic Performance

On May 18, 2015, the Ninth Circuit sitting en banc vacated its prior decision in Garcia v. Google. The prior decision, authored by Judge Alex Kozinksi, controversially held that an actress had standing to issue a DMCA...more

Socially Aware - Volume 6, Issue 2 - May 2015

In This Issue: - Court Protects Anonymity of Yelp Users - FTC Issues Landmark Report on Internet of Things - Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on...more

Rolling With the Punches: The Fight Over Livestreaming

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope....more

Who Exactly Is a ‘User’ under the DMCA Safe Harbor?

The DMCA was enacted in 1998 to preserve “strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in a digital networked environment.” As part...more

Live Streaming Apps Raise New/Old Copyright Concerns

Periscope (owned by Twitter) and Meerkat are two new “live streaming” apps which allow users to live stream videos from their phones. These applications could potentially change the way live sporting or music events are...more

Entertainment Industry Agent Rightscorp Seeks Personally Identifiable Information of Thousands of Internet Users

In the past two years, Rightscorp, Inc. has sought the identity of thousands of Internet subscribers across the country, in order to obtain settlements for alleged violations of its clients’ copyrights. ...more

Emergence of Live Streaming Apps Brings Up Copyright, Privacy, Legal Concerns

The big fight may be over, but the implications of Mayweather vs. Pacquiao with respect to real-time, one-to-many streaming of video through apps like Meerkat and Periscope are still rippling through the media industry. In...more

The DMCA and fair use: Has anti-circumvention gone too far?

With the passage of the Digital Millennium Copyright Act (DMCA) in 1999, Congress expanded copyright law and the rights afforded owners of copyrighted works. At the time, copyright holders — worried that the increased access...more

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