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Copyright Digital Millennium Copyright Act Websites

A Copyright is an exclusive legal right granted to the creator of an original work to license, copy, sell, distribute, or otherwise exploit the work for his or her own benefit.
Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

Dorsey & Whitney LLP on

The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Faegre Drinker Biddle & Reath LLP

The ABC’s of the DMCA for OSP’s

We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

AEON Law

Patent Poetry: Beware of DMCA Phishing Emails

AEON Law on

While it’s safe to delete and ignore most phishing emails – such as one from a mysterious foreign prince offering you a share of his fortune – it’s a headache to have to worry about whether what appears to be a Digital...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner

Williams Mullen on

On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act, or DMCA, along with its takedown procedures for content owners. They also review safe harbor...more

Jaburg Wilk

Stopping Online Infringement

Jaburg Wilk on

Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more

Pillsbury Winthrop Shaw Pittman LLP

Think Before You Link: The Legal Risk with Nested Hyperlinks in Online Terms

Nesting hyperlinks is neat and organized, but based on recent court rulings, you might not be forming a contract. Recent inconsistent court rulings on the issue highlight the need for re-examining use of hyperlinks in...more

Weintraub Tobin

Second Circuit Frames Novel Issue Of Photographer’s Claim Of Copyright Infringement And DMCA Violation

Weintraub Tobin on

The facts in Mango v. BuzzFeed are fairly straight forward. Mango is a freelance photographer who licensed a photograph to the New York Post. The Post included the photo in a story and below the photo included Mango’s name –...more

Orrick, Herrington & Sutcliffe LLP

Copyright Office’s DMCA Report Raises an Interesting Question: Does a Computer Know What is Fair?

On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more

Fox Rothschild LLP

Copyright Office Says DMCA Is Too Pro-Tech

Fox Rothschild LLP on

The US Copyright Office issued a lengthy report concluding that the Digital Millennium Copyright Act (DMCA) has “tilted askew” in favor of tech companies. It called on Congress to make changes in the act that will favor...more

Fox Rothschild LLP

Copyright Office Seeks Changes To Law To Help Copyright Owners

Fox Rothschild LLP on

The U.S. Copyright Office recently called for changes to the Digital Millennium Copyright Act (“DMCA”). Congress enacted 17 U.S.C. § 512 of the DCMA to balance the threat of liability for copyright infringement on online...more

Clark Hill PLC

Healthy Habits for You and Your Company: File Your Annual Reports, Replace Your Air Filters, and Renew Your DMCA Agent...

Clark Hill PLC on

Businesses and people alike each have recurring routine tasks they need to perform to stay in good shape. Every year we prepare corporate filings, undergo our necessary medical examinations, and file our taxes.1 And starting...more

K&L Gates LLP

No Time Like the Right Time* – To Update Your DMCA Safe Harbor Copyright Agent Registration

K&L Gates LLP on

All companies that conduct business online should take note of a potential upcoming renewal deadline for the “safe harbor” from copyright infringement liability. Online service providers seeking safe harbor under 17 U.S.C. §...more

McCarter & English, LLP

Renew Or Register Your Website’s Copyright Agent Now!

McCarter & English, LLP on

Do you have a website that allows users to comment, review, or post anything? If so, you could be liable for their posts that infringe the copyright of another person. Safe harbor immunities can protect you from this...more

Fenwick & West LLP

The Time is Now: Renew DMCA-Designated Agent Registrations with the Copyright Office

Fenwick & West LLP on

Starting December 1, 2019, service providers will need to renew their Digital Millennium Copyright Act-designated agent registrations with the U.S. Copyright Office to remain qualified for safe harbor protection. Fenwick...more

BakerHostetler

Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

BakerHostetler on

Protection From Additional Liabilities - Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims. ...more

BakerHostetler

Part 2: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

BakerHostetler on

Compliance With Notice and Takedown Provisions of the DMCA - In 17 U.S.C. § 512, subsections (c) and (d), special notice and takedown provisions are outlined for OSPs that host copyrighted materials on their platform or...more

BakerHostetler

Part 1: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

BakerHostetler on

Introduction - The most recent changes to U.S. copyright rules driven by the Digital Millennium Copyright Act (DMCA) became effective on Dec. 1, 2016. ...more

Proskauer - New Media & Technology

Ticketmaster Reaches Settlement with Ticket Broker over Unauthorized Use of Automated Bots

In early July, Ticketmaster reached a favorable settlement in its action against a ticket broker that was alleged to have used automated bots to purchase tickets in bulk, thus ending a dispute that produced notable court...more

Jackson Walker

So Far, So Good? The DMCA Safe Harbors at Twenty

Jackson Walker on

Next month marks the 20th anniversary of an important milestone in new media history with the enactment of the Digital Millennium Copyright Act (DMCA). Signed into law on October 28, 1998, the DMCA was the federal...more

Dorsey & Whitney LLP

If This Copyright Law Post Mentions Hamilton, You’re More Likely to Read It

Dorsey & Whitney LLP on

This post is about Hamilton. Well, sort of. It’s actually about copyright law. But keep reading!...more

Weintraub Tobin

The DMCA’s Safe Harbor Provision And Policing Repeat Infringers

Weintraub Tobin on

The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc., et al. (decided March...more

Fish & Richardson

Embedding Content is Safe, Right? A Recent Case Says No, Creating Serious Concerns for Websites with Unlicensed Third-party...

Fish & Richardson on

In the United States, copyright owners have a number of exclusive rights, including the right to publicly display a work of visual art. This would include, for instance, the right to post a copyrighted photograph on a...more

Proskauer - New Media & Technology

New York Court Rebuffs Ninth Circuit’s Copyright “Server Test,” Finds Embedded Tweet Displaying Copyrighted Image to Be...

A New York district court recently held that a host of online news publishers and media websites that embedded certain tweets (containing unauthorized uploads of plaintiff’s copyrighted photo) on their websites violated the...more

Ladas & Parry LLP

DMCA Safe Harbors Will Discontinue for Websites and Internet Service Providers that Fail to Electronically Register their...

Ladas & Parry LLP on

Proprietors of websites that host user generated content and online search engines and directories have long benefitted from the safe harbors available to them under the Digital Millennium Copyright Act (DMCA). These safe...more

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