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Digital Millennium Copyright Act Copyright Today's Popular Updates

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Venable LLP

Copyright Counseling and Protection: An Excerpt from the Advertising Law Tool Kit

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A properly maintained copyright portfolio is essential to any successful brand owner. Copyright can extend to advertisement copy, manuals, visuals, art, photography, storyboards, scripts, film, video, online components,...more

Sheppard Mullin Richter & Hampton LLP

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

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The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

McDonnell Boehnen Hulbert & Berghoff LLP

OpenAI's Motion to Dismiss NY Times Lawsuit over ChatGPT: Do They Want to Win or Influence Public Opinion?

In response to the lawsuit the New York Times has filed against it, OpenAI has sought to dismiss portions of the complaint. But instead of filing a traditional motion to dismiss that argues that the allegations of the...more

Farella Braun + Martel LLP

Is the Copyright Threat to Generative AI Overhyped? Implications of Kadrey v. Meta

In November 2023, Meta successfully had nearly all of the claims against it dismissed in the Kadrey v. Meta Platforms, Inc. suit, a victory with potential implications for other technology companies with generative AI tools....more

Venable LLP

Generative AI - Copyright Overview Part 1

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Generative artificial intelligence (AI) is a technology promising to disrupt how artwork is created, software is developed, and text is written. This disruption brings with it a host of new legal questions surrounding...more

ArentFox Schiff

Media & Entertainment: 10 Legal Challenges for Companies in 2023

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With the start of the new year, the ArentFox Schiff Media & Entertainment Industry team reviews 10 of the most pressing legal issues for companies in 2023. 1. Sweeping Impact of Generative AI - The gale wind roaring into...more

Miller Nash LLP

Machine Learning Is Not Your Copilot: AI System Accused of Violating Open Source Copyright Licenses

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As previously reported in this space, the Court of Appeal for the Federal Circuit has ruled that an AI machine cannot be an inventor because it is not a “natural person.” You can read those posts here and here. Issues...more

Whitcomb Selinsky, PC

The DMCA: How to Take Down Infringing Cyber Content

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If you have a small business, few things can be as frustrating as seeing another business take your creative content (i.e., product descriptions, photos, names, and so forth) and re-post them as its own. You worked hard...more

Jackson Walker

Internet of Things Part 3: How Your Smart Toothbrush Is An Idea Worth Protecting

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Let’s set the scene: My new company develops a smart toothbrush from the ground up. It brushes your teeth, provides you with real-time information about your dental health while you brush, and even provides targeted...more

Dorsey & Whitney LLP

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

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

Proskauer - Blockchain and the Law

Blockchain as a Content Distribution Technology: Copyright Issues Abound

Content owners and their attorneys have been enthusiastically anticipating the use of blockchain as a mechanism for royalty accounting, recording the chain of title of intellectual property interests, and protecting, tracking...more

Fish & Richardson

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

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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

K&L Gates LLP

December 31 Deadline for DMCA Safe Harbor Copyright Agent Designations

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All companies that conduct business online should take note of an upcoming deadline for “safe harbor” from copyright infringement liability. Online service providers that allow users to store or post content (essentially, any...more

Clark Hill PLC

Website Operators Need to Re-register Copyright Agents Under DMCA by December 31, 2017

Clark Hill PLC on

On December 1, 2016, the U.S. Copyright Office replaced its directory of designated agents for receipt of Digital Millennium Copyright Act ("DMCA") notices of claimed infringement with a new electronic system. As part of...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

Fenwick & West LLP

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

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A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more

Fenwick & West LLP

Your DMCA Safe Harbor Questions Answered

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Do you need the answer right now to one particular question about the DMCA and its (so-called) “Safe Harbors”? Here you go! But be warned: we’re painting with a broad brush, so you will have to go further – including seeking...more

Kilpatrick

U.S. Copyright Office Creates New Registration Process for DMCA Agents

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Under the Digital Millennium Copyright Act (DMCA), website operators and other Internet Service Providers (collectively, ISPs) can obtain protection from liability for copyright infringement claims based on the material...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2017

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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

McDermott Will & Emery

2017 Intellectual Property Law Year In Review

Though politics ruled the headlines in 2016, the year still brought big changes in intellectual property law and its application, most notably in patent subject matter eligibility, inter partes review institution and appeal...more

Hogan Lovells

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

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While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. ...more

Proskauer Rose LLP

Copyright Office Establishes New Electronic DMCA Agent Registration

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Service Providers Must Re-register Online to Maintain Safe Harbor Protection - A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required...more

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