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
For several months, live sporting events were halted because of the pandemic, yet during this period of uncertainty, the esports ecosystem has been active and thriving. The increased activity has meant substantial growth for...more
Most content creators on YouTube depend on the fair use doctrine, but navigating the ins and outs of YouTube’s copyright policy can be complex. This article highlights some procedures in YouTube’s copyright policy that...more
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
On August 12, 2016, the Electronic Frontier Foundation (“EFF”) petitioned the Supreme Court on behalf of its client, Stephanie Lenz, to reverse the Ninth Circuit’s decision in Lenz v. Universal Music Corp., 801 F.3d 1126...more
Apparently, George Lucas is not the only party in California who can edit his own work after release in order to change aspects he does not like. While perhaps not as culturally significant as changing “Star Wars: A New Hope”...more
It’s not every day that SCOTUS is asked to review a case involving a video of a dancing baby. But that’s what happened late last week when the lawyers for Stephanie Lenz asked the Court to review the 9th Circuit’s decision...more
Earlier this month the Ninth Circuit issued an amended opinion in the longstanding “Dancing Baby” notice-and-takedown case. The court added further support for its initial September 2015 holding that a copyright holder must...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
Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is becoming increasingly important and companies are investing...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 this election season, we hear a lot of complaints about laws stifling business innovation. And there is no doubt that some laws have this effect. But what about laws that spur innovation, that result in the creation...more
Last month, Google announced a groundbreaking policy that may help shift the balance of power between copyright claimants and those who upload YouTube videos that may be covered by fair use. According to Google’s Public...more
As we have written elsewhere on this blog, the Ninth Circuit Court of Appeals recently held that copyright owners must consider fair use before submitting takedown requests to internet service providers under the Digital...more
The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more
With live-streaming apps Periscope and Meerkat becoming increasingly popular, the introduction of a “live” element in the social media game is creating unique business and legal concerns. While most of the videos streamed on...more
In July, this author wrote about Lenz v. Universal which, at the time, was pending before the 9th Circuit. On September 14, 2015 the 9th Circuit came down with a ruling which answered whether a copyright owner must consider...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 has finally weighed in on the long-running saga of the “dancing baby” video case (the “baby” in the video is now a 9-year old), and its opinion could have long-lasting effects on fair use and how copyright...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
On September 14, 2015, the Ninth Circuit Court of Appeals, ruling in Lenz v. Universal Music Group, 2015 U.S. App. LEXIS 16308 (“Lenz 2015”), affirmed the denial of the respective parties’ motions for summary judgment... In...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