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Digital Media Online Platforms Copyright Infringement

Clark Hill PLC

The “Sad Beige Lawsuit” and the Fight Over Social Media Influencer IP Rights

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Can you protect a personal “aesthetic” or “vibe?” Social media influencer Sydney Nicole Gifford believes so, as she recently sued fellow social media influencer Alyssa Sheil in Texas Federal Court, in what is now known as the...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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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

Smart & Biggar

[Ongoing Program] Brands in the Metaverse: Protecting Trademarks & Copyrights Online, in Digital Media, and Beyond - September...

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The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...more

Royer Cooper Cohen Braunfeld LLC

The Shaky Ground of Unauthorized Embedding

A series of recent cases and settlements involving the unauthorized embedding of images into third-party online content have called into question long-held assumptions that embedding did not infringe upon a copyright holder’s...more

McCarter & English, LLP

Like, Comment, Share, And Protect The Copyright Of Digital Content

Do you produce and share content through social media or a blog? You may be surprised to know that, until now, little copyright protection was available under U.S. law for digital works. Especially considering the ability to...more

Neal, Gerber & Eisenberg LLP

U.S. Copyright Office Releases Report on Digital Millennium Copyright Act

The Digital Millennium Copyright Act (“DMCA”), signed into law in 1998, has had an enormous and long-lasting impact on the rights of copyright owners and the evolution of the internet....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

Dorsey & Whitney LLP

Can Copyright Owners Use Section 1201(a) of the Digital Millennium Copyright Act Against Innocent Users?

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The Digital Millennium Copyright Act (“DMCA”) was intended to update U.S. copyright law for the digital age.  Originally enacted in 1998, the DMCA intended to protect copyright holders from companies who made money by making...more

Dorsey & Whitney LLP

The Second Circuit Shuts Down Application of First Sale Doctrine

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In a decision issued on December 12, 2018, the Second Circuit refused to recognize application of the first sale doctrine to a service that had been established as a marketplace for resale of digital music files. Under the...more

Hogan Lovells

German Federal Court of Justice submits copyright dispute over YouTube to CJEU

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This week, copyright is all over the place. After the European Parliament voted on proposed copyright reform in Europe last Wednesday (12 September 2018), the long-awaited decision of the German Federal Court of Justice (BGH)...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

Hogan Lovells

Europe: New Obligations for Platform Operators – Where Do We Stand?

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The reform of European Copyright law is at the heart of the European Commission’s efforts to create a true Digital Single Market. The new draft Directive on copyright in the Digital Single Market (“Copyright Directive“, COM...more

Gray Reed

Online Images – Free to Use?

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Having won her primary, Starr Struuck is ready to update her campaign website and Instagram feed to jazz up her image and promote the reasons why she should win the general election. ...more

Hogan Lovells

China: Annual online piracy crackdown campaign 2017: Results announced

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The results of the 2017 edition of China’s annual online piracy crackdown campaign, called the “Sword Net Action”, were recently published. As we announced earlier, the 2017 crackdown campaign promised to take a heavy hand...more

Ladas & Parry LLP

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

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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

Neal, Gerber & Eisenberg LLP

Reminder: Service Providers Must Comply with New Requirements for Copyright Safe Harbor by December 31, 2017

As we discussed in our previous alert, the deadline for internet service providers to re-register electronically for copyright safe harbor protection is rapidly approaching on December 31, 2017....more

Seyfarth Shaw LLP

December 31, 2017: Last Day To Designate DMCA Agent Or Lose Safe Harbor Eligibility

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Starting December 31, 2017, all online service providers (which includes website owners) who want to take advantage of the Digital Millennium Copyright Act (DMCA) Safe Harbor must designate a registered agent with the U.S....more

Fox Rothschild LLP

Operate A Website? Don’t Miss The 12/31 Deadline To Update Your DMCA Notice

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If you operate a website that accepts user-generated content, now is the time to contact the Copyright Office. Many online service providers (OSPs) accept user-generated content. Examples include e-commerce websites that...more

Kelley Drye & Warren LLP

Regulatory Changes Affecting All “Service Providers” – 12/31/17 Deadline

The U.S. Copyright Office has imposed new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who don’t meet these requirements...more

Cole Schotz

ALERT: Register (Or Re-Register) Your DMCA Agent Online By December 31, 2017 Or Lose Safe Harbor Eligibility For User-Generated...

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The Digital Millennium Copyright Act (“DMCA”) affords an invaluable safe harbor to online “service providers” (as that term is very broadly defined in the DMCA) for copyright infringement claims arising from user-generated...more

Sheppard Mullin Richter & Hampton LLP

Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection

The U.S. Copyright Office is making changes to the Digital Millennium Copyright Act (DMCA) safe harbor agent registration process. The changes impact both new online service providers as well as existing online service...more

Hogan Lovells

U.S. : Digital Millennium Copyright Act - DMCA agent revamp, act now

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The U.S. Copyright Office has ditched the scanned paper system for registration of DMCA Agents. OSPs seeking safe harbor protections may now register using the new electronic system, which launched December 1, 2016....more

Coblentz Patch Duffy & Bass

Action Required to Maintain DMCA Safe Harbor Protection

Parties that operate websites may enjoy immunity from copyright liability for the infringing posts of their users under the terms of the Digital Millennium Copyright Act (“DMCA”). The DMCA offers a “safe harbor” from...more

BakerHostetler

Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses

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Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting over 4,500 lawsuits...more

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