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The Copyright Act › Good Faith

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update - October 2015

Manatt, Phelps & Phillips, LLP on

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

Womble Bond Dickinson

DMCA Take-Down Notice: Best Practices

Womble Bond Dickinson on

Since 1998, when the Digital Millennium Copyright Act (the “DMCA”) was enacted, the DMCA take-down notice has achieved the status of a trusted weapon aimed by copyright owners directly at the unauthorized transmission of...more

Womble Bond Dickinson

Rethinking Fair Use in the DMCA Context

Womble Bond Dickinson on

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

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Requires Fair Use Evaluation Before Issuing DMCA Take-Down Notices

Orrick, Herrington & Sutcliffe LLP on

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

BakerHostetler

The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice

BakerHostetler on

Monday, the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a notice under the Digital...more

Faegre Drinker Biddle & Reath LLP

Before Sending DMCA Takedown Notice, Copyright Owners Face Duty to Consider Fair Use, Says Appeals Court

Faegre Drinker Biddle & Reath LLP on

On September 14, 2015, the United States Court of Appeals for the Ninth Circuit held that copyright owners have a “duty to consider—in good faith and prior to sending a [DMCA] takedown notification—whether allegedly...more

Davis Wright Tremaine LLP

The Dancing Baby Grooves to Mixed Victory in the Ninth Circuit: Court Holds That DMCA Takedown Notices Require Consideration of...

Davis Wright Tremaine LLP on

Behind the scenes of the Internet’s current swirl of memes, mash-ups, and other viral content is a massive system of takedown notices and counter-notices passing back and forth between content owners, web hosts, and users,...more

Akerman LLP - Marks, Works & Secrets

Ninth Circuit Says “Let’s Go Crazy” On Fair Use of Prince Song In YouTube Video

Akerman LLP - Marks, Works & Secrets on

n Lenz v. Universal Music Corp. et al, the Ninth Circuit held that the Digital Millennium Copyright Act (the “DMCA”) requires copyright holders to consider fair use before sending a takedown notice and that the failure to do...more

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