Last month, the Court of Appeals for the Eleventh Circuit weighed in for the first time on the scienter requirement for copyright infringement under Section 1202(b) of the Digital Millennium Copyright Act or “DMCA.” In Victor Elias Photography, LLC v. Ice Portal, Inc., the Eleventh continue reading...
The European Union’s highest court will have another opportunity to consider the issue of the liability of online platforms for copyright infringing content uploaded and shared by users. Two referrals from national courts (one Austrian and one German) are pending before the Court of Justice, continue reading...
If your company hosts any type of user generated content on a website, then you should appoint and record a Digital Millennium Copyright Act (“DMCA”) agent with the Copyright Office to take advantage of safe harbor provisions set forth in the Copyright Act. As we continue reading...
In a recent case brought in a California court, the professional networking service LinkedIn asserted its right to protect its users’ privacy expectations against a third party interloper that claims the right to collect their “public” data. Commercial interests are mixed in this case together continue reading...
Last month the United States District Court for the Western District of Washington held that a Digital Millennium Copyright Act (“DMCA”) Takedown Notice triggered a policyholder’s obligation to notify its claims-made insurer. The case, National Union Fire Insurance Co. v. Zillow, Inc., occupies a unique continue reading...
Does a demand letter from a music rights holder that alleges “millions of instances of infringement” create a case in controversy with the recipient? You may be inclined to answer with an emphatic “of course!” But think again, or so says a recent ruling by continue reading...
The Digital Millennium Copyright Act (DMCA) sets forth a mechanism through which online service providers can avail themselves of a safe harbor from copyright infringement liability by recording an agent with the Copyright Office and following notice and takedown procedures. 17 U.S.C. 512. The agent’s continue reading...
While many were focused on “The Big Dance” yesterday, the 9th Circuit Court of Appeals did some “dancing” of its own. The Court issued a revised opinion in Lenz v. Universal and thereby amended what has been referred to as the “Dancing Baby” Doctrine. Last continue reading...
A recent court order from the United States District Court for the Eastern District of Virginia—and a resulting jury verdict – may be instructive to internet service providers (“ISPs”) when it comes to their “repeat infringer” policies under the DMCA. The Court found Cox Communications (“Cox”) was continue reading...
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 Millennium Copyright Act (“DMCA”). The DMCA provides a “notice and takedown” continue reading...
Jeffrey CadwellJeff advises clients on the availability, registrability, and stre...
Michael KeyesJ. Michael Keyes is an intellectual property attorney with exten...
Kaleb McNeelyAs a partner in the Trial Group, Kaleb practices primarily in the ...
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