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YouTube Copyright

Judge Agrees – YouTube Mockery Protected By Fair Use

by Reed Smith on

Readers may be aware of YouTube celebrity couple Ethan and Hila Klein, better known by their social media moniker @h3h3productions. They rose to Internet fame producing comedic “reaction” videos that ridicule and comment upon...more

A Bold Victory for Copyright Fair Use

Get your webcams ready: the reaction video genre got a huge shot in the arm from the Southern District of New York this week. h3h3 Productions, a popular YouTube channel with well over four million subscribers, has been...more

Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may...

The U.S. Supreme Court unanimously held that a North Carolina law that the state has used to prosecute more than 1,000 sex offenders for posting on social media is unconstitutional because it violates the First Amendment....more

Lawsuits are the Inevitable Cost of YouTube Success

by Weintraub Tobin on

Whenever there is a report of a YouTube creator being sued for copyright infringement, the response from the creator and the community seems to be one of shock and surprise. The truth is, successful YouTube content creators...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

DMCA Designated Agent Directory Goes Digital

by Locke Lord LLP on

Effective on December 1, 2016, the U.S. Copyright Office has formally replaced the existing paper-based “interim” DMCA agent registration procedure with a permanent, online-only system. Under the Digital Millennium...more

When It Comes to the DMCA, a Red Flag Becomes Harder to Fly

It is unlikely that when Stephanie Lenz posted a home video of her children dancing to Prince’s “Let’s Go Crazy” on YouTube, she could have anticipated that, nearly a decade later, she would be seeking U.S. Supreme Court...more

Major Record Labels file Copyright Suit Against YouTube-MP3.org

by Winstead PC on

YouTube is a well-known video sharing website that allows users to view, upload, share, rate, and comment on videos. Generally, the user streaming the video from YouTube cannot download, copy, or save the video. Stream...more

Dancing Baby May Be Headed To Supreme Court

by Fish & Richardson on

On August 12, 2016, the Electronic Frontier Foundation (“EFF”) petitioned the Supreme Court on behalf of its client, Stephanie Lenz, to reverse the Ninth Circuit’s decision in Lenz v. Universal Music Corp., 801 F.3d 1126...more

Ninth Circuit Retcons Its “Dancing Baby” Fair-Use Decision and Creates More Confusion

by Davis Wright Tremaine LLP on

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

Internet Service Providers and Oldies Fans Rejoice: Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

by Davis Wright Tremaine LLP on

The Second Circuit’s decision last week in Capitol Records, LLC v. Vimeo, LLC was a victory for internet service providers who host third-party content. It plugged a major loophole in the DMCA safe harbor for information...more

News of Note in IP

Each week, Sheppard Mullin brings you News of Note in IP: The latest news in the IP-related fields of technology, privacy, fashion, advertising, music, and social media, curated by our IP team. Here are some of the stories...more

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

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

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

Fair Use’s Jedi Knight

by Winthrop & Weinstine, P.A. on

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

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

by Dorsey & Whitney LLP on

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

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

by Weintraub Tobin on

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

Entertainment and Media Litigation Update - October 2015

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

Ninth Circuit Holds Fair Use Must Be Considered Prior to Issuing Takedown

by Reed Smith on

In the so-called “dancing baby” case, the Ninth Circuit ruled recently that copyright owners must consider the fair use doctrine before sending Digital Millennium Copyright Act (“DMCA”) takedown notifications to online...more

Ninth Circuit Clarifies Copyright Holder’s Responsibility When Sending A Takedown Notice Under The DMCA

by Weintraub Tobin on

In July, this author wrote about Lenz v. Universal which, at the time, was pending before the 9th Circuit. On September 14, 2015 the 9th Circuit came down with a ruling which answered whether a copyright owner must consider...more

The Case of Prince, a Dancing Baby and the DMCA Takedown Notice

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

Litigation Alert: Lenz v. Universal Music Group – Baby Keeps on Dancin'

by Fenwick & West LLP on

The Ninth Circuit has finally weighed in on the long-running saga of the “dancing baby” video case (the “baby” in the video is now a 9-year old), and its opinion could have long-lasting effects on fair use and how copyright...more

Ninth Circuit: Copyright Holders Must Consider Fair Use Before Sending DMCA Takedown Notices

by Snell & Wilmer on

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

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