News & Analysis as of

Digital Media Safe Harbors

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

AEON Law

Patent Poetry: Beware of DMCA Phishing Emails

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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

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

Manatt, Phelps & Phillips, LLP

CARU, U.S. Senators Call for FTC Review of Children’s Privacy in Digital Advertising and Edtech

On May 11, 2020, the Children’s Advertising Review Unit (CARU) issued a public statement in support of a bipartisan call by six U.S. Senators for the Federal Trade Commission (FTC) to conduct a review of the data collection...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

Vedder Price

Copyright Office Clarifies Rules on Protection and Damage Award Linked with Group and Database Copyright Applications

Vedder Price on

With the continued growth of Internet-related new technologies, authors, website operators and photographers are producing larger and larger volumes of digital content. The Coalition of Visual Artists surveyed 1,744...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

Morrison & Foerster LLP

If Your Company’s Websites or Blogs Host User-Generated Content, Please Read This Client Alert!

Morrison & Foerster LLP on

In the classic rock song “Light My Fire,” ‘60s icon and the Doors’ lead singer Jim Morrison sang, “The time to hesitate is through.” If your company operates a website or blog that hosts user-generated content, and has yet...more

Manatt, Phelps & Phillips, LLP

Dec. 31 Deadline to Preserve DMCA Service Provider Immunity

By Dec. 31, 2017, eligible service providers must use a new online system at the Copyright Office to designate agents to receive Digital Millennium Copyright Act (DMCA) takedown notices. This is true for all eligible service...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

Seyfarth Shaw LLP on

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

Morgan Lewis

Don’t Lose Your DMCA Safe Harbor for Copyright Infringement Claims

Morgan Lewis on

The December 31, 2017 deadline for online service providers to reregister designated agents under the Digital Millennium Copyright Act (DMCA) in the US Copyright Office’s new online directory is fast approaching....more

Fish & Richardson

Ensure Your Safe Harbor Protection – (Re)Designate Your DMCA Agent This Month

Fish & Richardson on

The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent electronically by December 31, 2017. The Digital Millennium Copyright Act (DMCA) offers a safe...more

Akerman LLP

DMCA Safe Harbor: Registration Required By December 31, 2017

Akerman LLP on

Under certain circumstances, U.S. Copyright Law provides for “safe harbor” protection from liability for copyright infringement to entities (e.g., ISPs and website operators) hosting content provided by third parties. To...more

Fish & Richardson

Calling all ISPs: Your DMCA Agent Must Be (Re)Designated By December 31, 2017

Fish & Richardson on

The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent by December 31, 2017. The Digital Millennium Copyright Act (DMCA) offers a safe harbor to internet...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...

Cole Schotz on

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

Foley Hoag LLP - Making Your Mark

Your Digital Millennium Copyright Registration May Be About To Expire

Last November, we wrote about the Copyright Office’s decision to ditch its paper registration system for the Digital Millennium Copyright Act (“DMCA”) safe harbor and start a new online system completely from scratch. If you...more

Davis Wright Tremaine LLP

Service Providers Must Re-Register Designated Agents by December 31st to Continue DMCA Safe-Harbor Protection

The Digital Millennium Copyright Act (DMCA) provides a great deal of protection to Internet service providers that maintain an online presence (e.g. through the use of a website) through specially defined “safe harbors.” We...more

Neal, Gerber & Eisenberg LLP

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

Under regulations issued late last year by the United States Copyright Office, to receive safe harbor protection, all “service providers” must electronically register an agent to receive notices of copyright infringement...more

Stinson LLP

New Safe Harbor Requirement to Maintain Immunity from Copyright Infringement

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Online Service Providers Re-File Your DMCA Agent Designations to Prevent Expiration - If your company has a website that allows third parties to post any kind of content (text, pictures or video), then it may be liable...more

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