(Podcast) The Briefing: What Is Fair Use and Why Does It Matter?
The Briefing: What Is Fair Use and Why Does It Matter?
(Podcast) The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
(Podcast) The Briefing: Anthropic, Copyright, and the Fair Use Divide
The Briefing: Anthropic, Copyright, and the Fair Use Divide
Will I Get Sued if I Create Another Hospital Drama? — No Infringement Intended Podcast
The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
(Podcast) The Briefing: The Supreme Court Dodges the Discovery Rule Question—What That Means for Copyright Enforcement
Mickey Mouse: un ratón con abogado
(Podcast) The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
The Briefing: The Ninth Circuit Puts the Brakes on Eleanor’s Copyright Claim
Why Can't I Clean the Graffiti Off My Walls? — No Infringement Intended Podcast
(Podcast) The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
The Briefing: When a TikTok Costs You $150,000 - Copyright Pitfalls in Influencer Marketing
Can Tattoos Be Copyrighted? The Legal Battle Over Mike Tyson's Iconic Ink — No Infringement Intended Podcast
(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test
The Briefing: No CTRL-ALT-DEL For the Server Test
JONES DAY TALKS®: Women in IP – AI and Copyright Law Need-to-Knows
The Briefing: Sequel, Spin-Off, or Something Else? The Legal Battle Over "ER" and "The Pitt"
Earlier this week, the U.S. District Court for the Western District of Texas joined a number of other federal district courts that have challenged, narrowed, or simply rejected the applicability of the “server test,”...more
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
We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US...more
The Internet has developed into an essential part of virtually every business, from online sales, to software as a service, to online marketing. This has led to a corresponding rise in the type and volume of online IP risks...more
Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...more
On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act, or DMCA, along with its takedown procedures for content owners. They also review safe harbor...more
This recent CJEU decision raises a number of considerations for content rights holders and for those seeking to link to content online, across both the EU and the UK - Under UK and European laws, the rights of copyright...more
It is a good time to review your website and its accompanying terms and conditions and privacy policies. From year to year, the legal landscape evolves with changes being driven by technological advancements, shifting...more
Intellectual Property Partner Mark Rosenberg joins host and Litigation Partner Rich Schoenstein to discuss the “Legal Perils of Video Marketing” on the latest episode of Law Brief. Mark and Rich delve into the legal...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
In This Issue - Influencer Marketing: Top Business and Legal Considerations for 2020 - Although influencer marketing is an ever-larger part of marketing budgets, questions have arisen about the longevity of influencers as a...more
Starting December 1, 2019, service providers will need to renew their Digital Millennium Copyright Act-designated agent registrations with the U.S. Copyright Office to remain qualified for safe harbor protection. Fenwick...more
Whether you are an individual, a start-up, or a multi-million dollar corporation, there is an art to removal-or “takedowns”- of unlawful content or negative reviews that have been posted about you or your business online. In...more
On November 6, 2018 a remarkable blow was delivered to online piracy in Greece. On that day, the newly-formed “Committee for Online Copyright Infringement” – informally and more descriptively also known as the Greek...more
Do you like getting your news online, sharing videos or tweeting memes? A little piece of legislation known as The European Union Directive on Copyright in the Digital Single Market may signal the end of some of the...more
The Ninth Circuit recently revisited the issue of the applicability of the safe harbor provision of the Digital Millenium Copyright Act (“DMCA”) in the case Ventura Content, Ltd., v. Motherless, Inc., et al. (decided March...more
The reform of European Copyright law is at the heart of the European Commission’s efforts to create a true Digital Single Market. The new draft Directive on copyright in the Digital Single Market (“Copyright Directive“, COM...more
Proprietors of websites that host user generated content and online search engines and directories have long benefitted from the safe harbors available to them under the Digital Millennium Copyright Act (DMCA). These safe...more
As we discussed in our previous alert, the deadline for internet service providers to re-register electronically for copyright safe harbor protection is rapidly approaching on December 31, 2017....more
Starting December 31, 2017, all online service providers (which includes website owners) who want to take advantage of the Digital Millennium Copyright Act (DMCA) Safe Harbor must designate a registered agent with the U.S....more
If you operate a website that accepts user-generated content, now is the time to contact the Copyright Office. Many online service providers (OSPs) accept user-generated content. Examples include e-commerce websites that...more
The U.S. Copyright Office has imposed new requirements on service providers in order to maintain safe harbor protection under the Digital Millennium Copyright Act (“DMCA”). Service providers who don’t meet these requirements...more
The Digital Millennium Copyright Act (“DMCA”) affords an invaluable safe harbor to online “service providers” (as that term is very broadly defined in the DMCA) for copyright infringement claims arising from user-generated...more
The U.S. Copyright Office is making changes to the Digital Millennium Copyright Act (DMCA) safe harbor agent registration process. The changes impact both new online service providers as well as existing online service...more
The U.S. Copyright Office has ditched the scanned paper system for registration of DMCA Agents. OSPs seeking safe harbor protections may now register using the new electronic system, which launched December 1, 2016....more