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News of Note for the Internet-Minded – 4/28/16

Several companies cast an eye toward the Internet of Things, Twitter’s AI gets pretty good at live video, some industry giants get behind the driverless car, and more … Samsung launches a place in the cloud just for...more

Ninth Circuit Issues Amended Opinion in “Dancing Baby” DMCA Notice-and-Takedown Case

Earlier this month the Ninth Circuit issued an amended opinion in the longstanding “Dancing Baby” notice-and-takedown case. The court added further support for its initial September 2015 holding that a copyright holder must...more

The Dancing Baby Returns: Computer Algorithms, Good Faith and Fair Use

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

How to Protect Your Company’s Social Media Currency

Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is becoming increasingly important and companies are investing...more

Reddit Community to Fine Brothers: REACT Registration Not so Fine

Benny and Rafi Fine, also known as the Fine Brothers, are well-known YouTube® content producers – they publish videos that show groups of people watching and reacting to things. Some recent examples include Elders React to...more

The Dancing Baby Grooves to Mixed Victory in the 9th Circuit: Court Holds that DMCA Takedown Notices Require Consideration of Fair...

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

A Fine Mess: YouTube’s Reaction to REACT

In the world of YouTube, subscriber count is king. With over 14 million subscribers, the Fine Brothers seemed at the forefront of new media. But earlier this month, the Internet’s collective scorn for a trademark portfolio...more

YouTube Rulings Emphasize the Importance of an OSP’s Terms of Service in Social Media Marketing

Two recent cases serve as a reminder of the key role an online service provider’s (OSP) terms of service play in social media marketing. The courts in Darnaa, LLC v. Google, Inc., 2015 WL 7753406 (N.D. Cal. Dec. 2, 2015) and...more

The Value of Terms Limits: YouTube’s Broadly Defined TOS Does the Trick

Frequent readers of our blog will recall that in prior posts on companies such as Uber, Ashley Madison and Twitter, we have stressed the importance of having a robust terms of service (TOS) agreement. In many instances, TOS,...more

Balancing Copyright Owners' Rights With ISP Immunities

When an online user violates copyright law, the copyright owner will frequently turn to the user's internet service provider (ISP) for relief. The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that...more

New Court Decision Highlights Potential Headache for Companies Hosting User-Generated Content

In this election season, we hear a lot of complaints about laws stifling business innovation. And there is no doubt that some laws have this effect. But what about laws that spur innovation, that result in the creation...more

"Let's [Not] Go Crazy" with Copyright Takedown Notifications

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

December 2015: Entertainment Litigation Update: Ninth Circuit Holds That Copyright Holders Must Consider Fair Use Before Sending...

In Lenz v. Universal Music Corp., No.13-16106 (9th Cir. Sept. 14, 2015), the Ninth Circuit became the first federal court of appeals to address the question of whether fair use constitutes “authorization under the law” under...more

Former Morgan Stanley financial advisor sentenced

Just before Christmas, a New York federal judge sentenced Galen Marsh, the former Morgan Stanley financial advisor who downloaded client data to his home computer without permission, to three years of probation. He pled...more

Fair Use’s Jedi Knight

This isn’t necessarily new news, but I thought it deserved a post regardless. Back in late November, Google announced a new policy of pushing back against copyright holders issuing DMCA takedown notices regarding videos...more

Google Gives Fair Use on YouTube a Fighting Chance

Last month, Google announced a groundbreaking policy that may help shift the balance of power between copyright claimants and those who upload YouTube videos that may be covered by fair use. According to Google’s Public...more

2015 Digital Media Year in Review

Yes, it's that time of year again. Nostalgia and reflection time—taking a look at this past year in digital media. Nearly one year ago, Manatt Digital Media CEO Peter Csathy made several predictions for TechCrunch in an...more

District Court Grants Motion to Dismiss for Lack of Standing Where Plaintiff Could Not Establish That It Owned All Substantial...

Plaintiff Max Sound Corporation ("Max Sound") filed a First Amended Complaint ("FAC") against three defendants: Google, Inc., YouTube, LLC and On2 Technologies (collectively, "Defendants"), for the infringement of Patent No....more

Advertising Law - December 2015 #2

Game's Over: Jordan, Grocers Settle Publicity Rights Suits - To avoid a second trial in litigation initiated by Michael Jordan challenging the use of his likeness in a commemorative issue of Sports Illustrated, the...more

Intellectual Property and Technology News Series: Supreme Court Corner: Q4 2015

RECENT DECISIONS Lenz v. Universal Music Corp., et al. (9th Cir.)* COPYRIGHT – DECIDED: SEPTEMBER 14, 2015 Holding: A copyright owner must consider fair use prior to issuing a take-down notice under 17 U.S.C. §...more

YouTube Commits to Protecting Fair Use, a Few Cases at a Time

YouTube announced that it will “offer legal support” to a small set of videos that it thinks are “some of the best examples of fair use on YouTube” and “represent clear fair uses which have been subject to DMCA [Digital...more

YouTube to Take a Stand for Fair Use

As we have written elsewhere on this blog, the Ninth Circuit Court of Appeals recently held that copyright owners must consider fair use before submitting takedown requests to internet service providers under the Digital...more

Social Media and Practice: Questions Attorneys Should Ask Now

Social media users number in the billions. Facebook counts over 1.4 billion users, LinkedIn has 347 million members, Instagram has 300 million, Twitter has nearly 290 million, and YouTube reports more than a billion users....more

Court Provides Fair Use Guidance On YouTuber’s Use of Viral Video

This copyright case pitted two big YouTube content brands against each other over issues of fair use. On one side is Equals Three, LLC, a YouTube content studio and channel created and owned by Ray William Johnson, an early...more

Equals Three, LLC v. Jukin Media, Inc. - USDC, C.D. California, October 13, 2015

In copyright infringement action involving unlicensed use of humorous “viral videos,” district court denies copyright owner’s motion for partial summary judgment, concluding that all but one of allegedly infringing programs...more

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