News & Analysis as of

Copyright Litigation Digital Millennium Copyright Act Music Industry

AEON Law

Patent Poetry: Fourth Circuit Overturns $1 Billion Copyright Infringement Verdict

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The Fourth Circuit has overturned a $1 billion verdict in a copyright case against Cox Communications. As the court explained, Defendant Cox Communications sells internet, telephone, and cable television service to 6...more

Foster Garvey PC

Sports & Entertainment Spotlight - June 2021

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Athletes and entertainers are people, too. Albeit, incredibly talented people, but deserving of the same treatment with dignity and respect as how we would want ourselves to be treated. For better or worse, sometimes their...more

Robins Kaplan LLP

The Big Three Sue an ISP for Enabling Copyright Infringement

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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

Fish & Richardson

Dancing Baby May Be Headed To Supreme Court

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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

Akerman LLP - Marks, Works & Secrets

Second Circuit In Vimeo Narrows The Red Flag Knowledge and Willful Blindness Exceptions To DMCA Safe Harbors

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the...more

Pillsbury - Internet & Social Media Law Blog

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

Snell & Wilmer

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

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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

Nossaman LLP

Baby vs. Prince – “Let’s Go Crazy”: Fair Use And the Digital Millennium Copyright Act

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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

Lewitt Hackman

Online Piracy: 9th Circuit Cautions Copyright Holders re DMCA Takedown Notices

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A mother who uploaded a 29 second video to YouTube probably never dreamed she'd wind up with over a million views and a lawsuit by a major music publisher that went to the Ninth Circuit court of appeal. Stephanie Lenz...more

Baker Donelson

Dancing Baby Says Play Fair: Copyright Holders Must Consider Fair Use Before Sending a DMCA Takedown Notice

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With the exponential growth of internet commerce, business owners are increasingly receiving "takedown" notices under the Digital Millennium Copyright Act (DMCA), involving copyrighted works allegedly improperly used on their...more

Neal, Gerber & Eisenberg LLP

Ninth Circuit Says Think Twice Before Sending That Takedown Notice Under DMCA: Be Sure You Have a Good Faith Belief It’s Not Fair...

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

Stinson LLP

To Avoid Liability, Consider Fair Use Before Sending A DMCA Takedown Notice

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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

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

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

Holland & Knight LLP

Copyright Owners Must Weigh Fair Use Before DMCA Takedown, 9th Circuit Holds

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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

BakerHostetler

The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice

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Monday, the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a notice under the Digital...more

Davis Wright Tremaine LLP

The Dancing Baby Grooves to Mixed Victory in the Ninth Circuit: Court Holds That DMCA Takedown Notices Require Consideration of...

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

Gray Reed

Fair Use and the DMCA – Yes, you need to think about it before sending the takedown

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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

Akerman LLP - Marks, Works & Secrets

Ninth Circuit Says “Let’s Go Crazy” On Fair Use of Prince Song In YouTube Video

n Lenz v. Universal Music Corp. et al, the Ninth Circuit held that the Digital Millennium Copyright Act (the “DMCA”) requires copyright holders to consider fair use before sending a takedown notice and that the failure to do...more

Manatt, Phelps & Phillips, LLP

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

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