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Digital Media Corporate Counsel

Fox Rothschild LLP

FTC Restricts Omnicom-IPG Merger to Prevent Viewpoint-Based Ad Bias

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The Federal Trade Commission approved Omnicom Group Inc.’s approximately $13.5 billion acquisition of The Interpublic Group of Companies, Inc. (IPG) but with strict conditions designed to prevent anticompetitive coordination...more

Falcon Rappaport & Berkman LLP

Getty Images vs. Stability AI: The Landmark Copyright Battle Shaping The Future of Generative AI

Getty Images, a well-known visual media company and supplier of stock images, is facing off against a London-based artificial intelligence company, Stability AI, in what is considered to be the first major copyright trial of...more

Cooley LLP

UK Online Safety Act: Codes of Practice and Risk Assessment Guidance

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Under the UK Online Safety Act 2023 (OSA), providers of regulated user-to-user and search services (service providers) have a raft of new duties, including to keep people safe from illegal harm. The duties are focused on...more

Venable LLP

Second Circuit Holds That the Internet Archive's Controlled Digital Book Lending Is Not a Fair Use Under Copyright Law, a Major...

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The Second Circuit Court of Appeals delivered a resounding victory to the publishing industry on Wednesday, September 4, 2024, in Hachette Books v. Internet Archive, holding that the Internet Archive's "controlled digital...more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

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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

BakerHostetler

Media Insights for In-House Counsel: Retail Media Networks

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As consumer habits evolve, new media channels emerge. Before the internet, brand media budgets were split between traditional media like print newspapers and magazines, radio, television, and out-of-home billboards....more

Smart & Biggar

False alarm: the risks of groundless online takedown complaints

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Online takedowns are an essential and effective tool for intellectual property rightsholders. Such tools are a common response to infringement on online marketplaces. A recent Canadian decision highlights the risks associated...more

Hendershot Cowart P.C.

FTC on Alert for Blurred Influencer Marketing Targeting Teens & Children

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One year ago, the Federal Trade Commission (FTC) hosted a workshop titled "Protecting Kids from Stealth Advertising in Digital Media" to address the merging of advertising and content in the digital realm and its impact on...more

Fenwick & West LLP

Silicon Valley Venture Capital Survey – Second Quarter 2022

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Our survey analyzed the terms of 194 venture financings closed in the second quarter of 2022 by companies headquartered in Silicon Valley. While the number of venture financings were down in the second quarter compared to...more

Weintraub Tobin

Is The Server Test Ready for a Reboot?

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It’s been referred to as one of the top copyright cases to watch this year. This case, Alexis Hunley, et al v. Instagram, LLC, could mean the end to the server test, a once widely-followed copyright doctrine established by...more

Wilson Sonsini Goodrich & Rosati

Consumer’s Claims About His Rights to iTunes Purchases Survives Motion to Dismiss

What Does It Mean to "Buy" Digital Content? On August 13, 2020, David Andino sued Apple Inc. (Apple) in the United States District Court for the Eastern District of California for violations of three California state laws: 1)...more

Neal, Gerber & Eisenberg LLP

U.S. Copyright Office Releases Report on Digital Millennium Copyright Act

The Digital Millennium Copyright Act (“DMCA”), signed into law in 1998, has had an enormous and long-lasting impact on the rights of copyright owners and the evolution of the internet....more

Orrick, Herrington & Sutcliffe LLP

Copyright Office’s DMCA Report Raises an Interesting Question: Does a Computer Know What is Fair?

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

Eversheds Sutherland (US) LLP

New York Senate introduces digital advertising tax bill

On March 13, 2020, New York State Senator and Deputy Majority Leader Michael Gianaris (Democrat) introduced New York S.8056, which would establish a tax on a digital advertiser’s annual gross revenues derived from digital...more

A&O Shearman

Key Antitrust Enforcement Trends — 2019 Antitrust Annual Report

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Welcome to the 2019 Shearman & Sterling Antitrust Annual Report. Our seventh edition focuses on the contrasting use by regulators of antitrust laws with respect to the FANGs, and how antitrust is being enforced in the U.S....more

Fenwick & West LLP

Litigation Alert: Eleventh Circuit Expands Standing to Bring Video Privacy Protection Act Actions But Also Limits Their Scope

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Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more

Hogan Lovells

CJEU rules on sale of multimedia players with add-ons to illegal streaming websites

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There is no end in sight regarding CJEU decisions on the meaning of “communication to the public“. On 26 April 2017, the European Court of Justice (CJEU) ruled (C-527/15 – Filmspeler) that the sale of a multimedia player with...more

Fenwick & West LLP

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

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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

Allen Matkins

California Supreme Court Rules that Texts and Emails on Personal Devices May Be Considered Public Records

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The California Supreme Court recently held in City of San Jose v. Superior Court, California Supreme Court Case No. S218066, that public employees' digital messages existing in private electronic devices (e.g., smartphones...more

Akerman LLP - Marks, Works & Secrets

FTC Acts Against Warner Brothers’ YouTube Promotion Campaign: Disclosure of Affiliation Below the “Fold” Is Not Enough

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (“Warner Bros.”) for the company’s misleading use of social...more

Pillsbury - Internet & Social Media Law Blog

The Dancing Baby Returns: Computer Algorithms, Good Faith and Fair Use

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

Holland & Knight LLP

Balancing Copyright Owners' Rights With ISP Immunities

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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

Davis Wright Tremaine LLP

“And That’s the End!” 11th Circuit Ends VPPA Action in Ellis, But Leaves the Question of What is PII Unresolved

Digital content and media providers got some good news from the U.S. Court of Appeals for the Eleventh Circuit in October when the court held that plaintiffs must be “subscribers” and not just users of a provider’s service to...more

Akerman LLP - Marks, Works & Secrets

Caveat Opposer: Preclusion Lurks at the TTAB

Recently, the Trademark Trial and Appeal Board (the “TTAB”) held that an unsuccessful opposer was precluded from later pursuing a cancellation against the same trademark owner, even though the opposer assumed a different...more

Proskauer - New Media & Technology

Who Exactly Is a ‘User’ under the DMCA Safe Harbor?

The DMCA was enacted in 1998 to preserve “strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in a digital networked environment.” As part...more

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