News & Analysis as of

Digital Millennium Copyright Act

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Newsrooms vs. Neural Nets: How Courts Are Handling DMCA Claims Against GenAI

The Digital Millennium Copyright Act (DMCA), a 30-year-old tool enacted to address the copyright implications of disrupting technologies, like Napster and Limewire, in the late 1990s, has found new utility in the age of AI....more

Troutman Pepper Locke

Your Brand, Their Bait: Fighting Impersonation in the Age of Digital Deception

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Businesses invest an immense amount of time, effort, and financial resources into building their brand identity and overall cultivating a strong foundation of consumer trust. This trust is not only a cornerstone of a brand’s...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - August 2025 #3

Kaufman & Canoles on

A Connecticut Little League and its national parent company have pushed back against a group of parents accusing them of not properly training volunteer coaches, saying that the organization they represent does not actually...more

Vondran Legal

The art of the DMCA counter-notification for YouTube

Vondran Legal on

Here at Vondran Legal® we are seeing more and more incidents of YouTube refusing to forward counternotices on to a DMCA complainant. This is most unfortunate because most creators take great pride in their work, including...more

Vondran Legal

Was your Amazon merch on demand account terminated, here's why?

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Amazon.com is an amazing company that offers people just like you and me an incredible opportunity to create an online store and sell your creative designs and products....more

Adams & Reese

United States: How a multi-pronged legislative approach is curbing the online trade in fakes

Adams & Reese on

Anti-counterfeiting enforcement in the United States stems largely from two federal statutes: the Lanham Act (codified at 15 USC Section 1051) and the Trademark Counterfeiting Act 1984 (codified at 18 USC Section 2320). The...more

Katten Muchin Rosenman LLP

Beige Battle: Social Media Influencers Settle Dispute Over Minimalist Brand Identity - The Katten Kattwalk | Issue 29

On May 28, two "frenemy" social media influencers informed a federal court in Texas that they had settled a lawsuit in which one of them accused the other of infringing on her copyrighted social media posts on Instagram and...more

Davis Wright Tremaine LLP

2025 Take It Down Act Seeks To Rein in Both Real and Computer-Generated Intimate Images

On May 19, 2025, President Trump signed the "Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act" (the "Take It Down Act"), making a significant change to the regulatory...more

Farella Braun + Martel LLP

Fair Use Ruling Undermines Related DMCA Claim

After previously dismissing infringement claims on the ground that using copyrighted works to train a large language model qualified as fair use, a federal judge in California has now also dismissed a key Digital Millennium...more

Loeb & Loeb LLP

In Re: OpenAI Inc., Copyright Infringement Litigation

Loeb & Loeb LLP on

District court denies motion to reconsider dismissal of claims that OpenAI removed copyright management information in violation of Digital Millenium Copyright Act, holding that inconsistency between dismissal order and...more

Vondran Legal

Overview of the DMCA subpoena – UNMASKING what you need to know!

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Sometimes you want to know the identity of an infringer but you don't know it due to the use of a fake handle name or social media account name. In these circumstances, you may need to serve a "DMCA subpoena" on a social...more

Proskauer Rose LLP

Three Point Shot - May 2025

Proskauer Rose LLP on

Rough Terrain Ahead: New York Ski Resort Operator Appeals Ruling That It Violated Antitrust Law by Buying Out Direct Competitor - Intermountain Management Inc. (“Intermountain”), a company operating popular ski areas...more

Clark Hill PLC

Surprise, Surprise: The “Sad Beige Lawsuit” ends

Clark Hill PLC on

The high-profile “Sad Beige Lawsuit” has ended between two prominent social media influencers, which begged the question, can you protect a personal “aesthetic” or “vibe?” On May 28, influencer Sydney Nicole Gifford...more

Perkins Coie

Key AI Developments to Watch This Year

Perkins Coie on

As we move further into 2025, the artificial intelligence (AI) landscape continues to evolve at a rapid pace; indeed, nearly every week seems to bring news of another major AI breakthrough. In this post, we highlight the...more

McDermott Will & Schulte

Religious Texts, Copyrights, and Estate Law: A Case of Strange Bedfellows

The US Court of Appeals for the Ninth Circuit affirmed in part and reversed in part a case involving a deceased religious leader who owned the copyrights to works reflecting his teachings. The Court found that the copyrighted...more

Snell & Wilmer

Church Founder’s Works Not “Works for Hire” Even Though Founder Was Employee

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Keith Rhinehart started the Aquarian Foundation church in 1955, with a mission to study “Modern Spiritualism, Christianity, Eastern and Metaphysical Thought.” Bruce Lowndes joined the church in the 1970s and grew close with...more

Clark Hill PLC

The “Sad Beige Lawsuit” and the Fight Over Social Media Influencer IP Rights

Clark Hill PLC on

Can you protect a personal “aesthetic” or “vibe?” Social media influencer Sydney Nicole Gifford believes so, as she recently sued fellow social media influencer Alyssa Sheil in Texas Federal Court, in what is now known as the...more

International Lawyers Network

Is There Liability for Removing or Altering Copyright Management Information from a Copyrighted Work?

Suppose you have uncovered a copyrighted work from another that contains copyright management information such as a copyright notice. However, you want to remove or alter this copyright management information. Should you...more

McDermott Will & Schulte

Vimeo’s Fleeting Interaction With Videos Doesn’t Negate Safe Harbor Protections

The US Court of Appeals for the Second Circuit affirmed a district court’s decision, granting Vimeo qualified protection under the Digital Millennium Copyright Act (DMCA) safe harbor provision. Capitol Records, LLC v. Vimeo,...more

Kerr Russell

Is It Really Illegal for Me to Repair My Own Machines?

Kerr Russell on

In many cases, the answer is yes, but following a recently-adopted exemption to the Digital Millennium Copyright Act (DMCA), owners of certain retail-level machines are no longer forced to hire OEM-certified technicians to...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Reviewing 2024's AI Patent And Copyright Developments

Artificial intelligence dominated this year's emerging technology updates from the U.S. Patent and Trademark Office and the U.S. Copyright Office. These agencies, among many others, were kept quite busy under the directives...more

DLA Piper

Mark It: 6 Big Trademark, Copyright, and Advertising Trends We are Watching for 2025

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An increasingly competitive and fractured marketplace and a rapidly evolving legal landscape mean that protecting your intangible assets, enforcing your rights, and mitigating intellectual property risks are more challenging...more

Baker Botts L.L.P.

Defending "Sad Beige": When Imitation is Not Flattery

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In an era of content creation, social media influencers are tasked with the creative job of building a personal brand to influence the general public’s purchasing decisions and lifestyle choices. Creating a brand identity...more

Kohrman Jackson & Krantz LLP

We All Scream for Ice Cream: DMCA Exemption Enables Repairs of McDonald’s Ice Cream Machines

A new exemption to the Digital Millennium Copyright Act (DMCA) allows McDonald’s employees, franchise owners, and others to fix McDonald’s often out-of-order ice cream machines. Prior to this exemption, most McDonald’s ice...more

ArentFox Schiff

SDNY Order Renews Possibility of Digital Millenium Copyright Act as Legal Recourse for News Organizations in the Age of AI

ArentFox Schiff on

In a pending lawsuit in the US District Court for the Southern District of New York (SDNY), OpenAI Inc. recently failed to convince the court to dismiss allegations that it improperly removed copyright management information...more

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