Law Brief®: Mark Rosenberg and Richard Schoenstein Discuss Online Distribution Leakage
PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Internet Service Providers
PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner
Video Sharing App Vine Hit with Takedown Notice from Prince
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
As you’ve read in this space before, copyright law can be hard to navigate. Because copyright infringement is a strict liability tort, copying someone else’s material can lead to much more serious consequences than when you...more
Trends may come and go, but TikTok is likely here to stay. With many people stuck inside during the pandemic and needing inspiration for new hobbies, they turned to TikTok for recipes, books, dances, fashion, makeup and hair,...more
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
On December 22, 2020, Senator Thom Tillis (R-NC), then chair of the Senate Judiciary Subcommittee on Intellectual Property, released a discussion draft of the Digital Copyright Act of 2021 (DCA) that would make sweeping...more
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
December 31, 2017, is a key deadline for online service providers that store content provided by third-party users. By that date, providers must designate an agent with the Copyright Office for receipt of Digital Millennium...more
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
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
Organizationally speaking, the Safe Harbors part of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, doesn't make much sense. Provisions governing related matters are often scattered through the section, and...more
On November 1, 2016, the United States Copyright Office published an amendment to 37 CFR § 201.38 that changes the registration requirements for Designated Agents under the Digital Millennium Copyright Act. Effective...more
The federal Digital Millennium Copyright Act (“DMCA”) provides safe harbors from copyright infringement liability for online service providers that are engaged in specified activities and that meet certain eligibility...more
If you have a website, you need to reregister your designated agent with the Copyright Office. If you don’t, you will lose the safe harbor protections for copyright infringement liability afforded by the Digital Millennium...more
In “The Case of Prince, a Dancing Baby and the DMCA Takedown Notice,” we discussed the potential impact of the Ninth Circuit decision in Lenz v. Universal Music Corp., 801 F.3d 1126 (2015), a.k.a. the “dancing baby case,” in...more
Behind the scenes of the Internet’s current swirl of memes, mashups and other viral content is a massive system of takedown notices and counternotices passing back and forth between content owners, web hosts and users,...more
When an online user violates copyright law, the copyright owner will frequently turn to the user's internet service provider (ISP) for relief. The Digital Millennium Copyright Act (DMCA) includes a safe harbor provision that...more
In 2007, Stephanie Lenz posted a 29-second video to YouTube of her baby dancing in the kitchen with Prince’s “Let’s Go Crazy” playing in the background. Claiming use of their song amounted to copyright infringement, Universal...more
The Ninth Circuit held last week in Lenz v. Universal Music Corp. (the “dancing baby” case) that a copyright holder must consider fair use before sending a takedown notice under the Digital Millennium Copyright Act (DMCA)....more
In view of the Ninth Circuit Court of Appeals decision in Lenz v. Universal Music Corp., Case Nos. 13-16106 and 13-16107 (Sept. 14, 2015), copyright owners need to be careful before sending Internet takedown notices for...more
A mother who uploaded a 29 second video to YouTube probably never dreamed she'd wind up with over a million views and a lawsuit by a major music publisher that went to the Ninth Circuit court of appeal. Stephanie Lenz...more
With the exponential growth of internet commerce, business owners are increasingly receiving "takedown" notices under the Digital Millennium Copyright Act (DMCA), involving copyrighted works allegedly improperly used on their...more
The Digital Millennium Copyright Act (DMCA) requires copyright holders to consider fair use before sending a takedown notification, according to the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music...more
In the online content takedown and put-back volley provided under the Digital Millennium Copyright Act (DMCA) to limit service provider copyright infringement liability, the Ninth Circuit Court of Appeals held earlier this...more
In a highly anticipated opinion in the so-called "Dancing Babies" case, the Ninth Circuit clarified this week the steps under the Digital Millennium Copyright Act ("DMCA") that copyright holders must take before issuing a...more
A three-judge panel for the U.S. Court of Appeals for the Ninth Circuit held on Sept. 14, 2015, that a copyright owner must consider whether a third party's online use of copyrighted content constitutes fair use before...more