News & Analysis as of

Section 512 Digital Millennium Copyright Act

Faegre Drinker Biddle & Reath LLP

Copyright Office Issues Report On DMCA Safe Harbors: Section 512 Is “Unbalanced”

When the Digital Millennium Copyright Act of 1998 (the “DMCA”) was enacted, the stated goal was to bring federal copyright law into the 21st century by providing certain immunities to internet service providers while...more

Davis Wright Tremaine LLP

Ninth Circuit Holds Website Can Lose DMCA Safe Harbor by Using Moderators

Earlier this month, the Ninth Circuit Court of Appeals held that an online provider may become ineligible for the safe harbor provided by Section 512(c) of the Digital Millennium Copyright Act if its moderators help select...more

Fenwick & West LLP

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

Fenwick & West LLP on

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

Foley Hoag LLP - Trademark, Copyright &...

Ninth Circuit “Dancing Baby” Copyright Decision: A Quick Read for the Busy Practitioner

Earlier this week, the Ninth Circuit affirmed the Northern District of California’s denial of cross motions for summary judgment in Lenz v. Universal Music. In an opinion by Judge Richard Tallman, the Court held that the...more

Foley Hoag LLP - Trademark, Copyright &...

Carta de Error! Copyright Takedown Notice To iTunes May Give Rise to Misrepresentation Liability

Section 512(f) of the Digital Millennium Copyright Act makes parties who issue copyright takedown notices liable for any “knowing” misrepresentations in those notices. However, the Ninth Circuit in Rossi v. Motion Picture...more

Morrison & Foerster LLP - Social Media

First-Ever Award of “Any Damages” for Fraudulent DMCA Takedowns Under Section 512(f)

Under section 512(f) of the Digital Millennium Copyright Act (DMCA), copyright owners are liable for “any damages” stemming from knowingly false accusations of infringement that result in removal of the accused online...more

Mintz - Trademark & Copyright Viewpoints

OSPs: Are You Sure You Are Safely Within the DMCA Safe Harbor?

The Digital Millennium Copyright Act (DMCA), signed into law October 28, 1998, added Section 512 to the US Copyright Act limiting the liability of online service providers for copyright infringement. Basically, the law...more

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