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Digital Millennium Copyright Act Copyright Litigation The Copyright Act

Proskauer Rose LLP

Three Point Shot - May 2025

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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

Perkins Coie

Key AI Developments to Watch This Year

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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

Skadden, Arps, Slate, Meagher & Flom LLP

Digital Millennium Copyright Act Claims in AI-Training Cases – Recent Developments

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Decisions on Whether AI Training Violates the Digital Millennium Copyright Act

While the question of fair use has dominated much of the discussion on whether copyrighted material can be used to train AI models, of equal importance are questions involving the application of the Digital Millennium...more

Irwin IP LLP

The McFlurry is Not McBroken Anymore!

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U.S. Copyright Office, Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 89 Fed. Reg. 42 (Oct. 28, 2024) - If you ever wondered why it seemed like McDonald’s...more

Seyfarth Shaw LLP

Glimmer of Hope? Judge Suggests Some Claims in AI Image Case May Survive

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We are still waiting for a formal ruling on the Andersen v. Stability AI defendants’ second round of motions to dismiss, but so far it’s looking like most of the case may be allowed to proceed to discovery. The judge heard...more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Calls Out OpenAI on Its Motion to Dismiss

Responding to the OpenAI brief that read more like a press release than a traditional motion to dismiss, the New York Times attacked OpenAI's approach from the very first sentence, calling the factual background of OpenAI's...more

Willcox & Savage

Court Dismisses Most Claims In Two AI Copyright Cases

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The U.S. District Court for the North District of California dismissed four of six claims in a pair of cases alleging that the use by OpenAI, Inc. of the plaintiffs’ books infringed the copyrights in those books. Tremblay v....more

McDonnell Boehnen Hulbert & Berghoff LLP

The New York Times Case against OpenAI is Different. Here's Why.

On December 27, 2023, The New York Times Company ("The Times") sued several OpenAI entities and their stakeholder Microsoft ("OpenAI") in the Southern District of New York for copyright infringement, vicarious copyright...more

Vondran Legal

Viral DRM on a copyright lawsuit rampage in California

Vondran Legal on

Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California...more

Venable LLP

Nonprofit Organizations Beware: Is This a Legitimate Copyright Infringement Takedown Notice or a Phishing Scam?

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Nonprofits should be aware of a troubling trend: phishing emails disguised as legitimate Digital Millennium Copyright Act (DMCA) Takedown Notices. Hackers use this ruse to grab your attention by accusing you of violating the...more

Fenwick & West LLP

Important New Exemptions to the Copyright Law’s Anti-circumvention Provisions

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Nearly 25 years ago, the Digital Millennium Copyright Act was added to the Copyright Act. Among its provisions were “paracopyright” measures extending protection in areas well beyond that of traditional copyright law. One...more

Sunstein LLP

YouTube’s Copyright Policy: Pitfalls Aplenty for Video Creators

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Most content creators on YouTube depend on the fair use doctrine, but navigating the ins and outs of YouTube’s copyright policy can be complex. This article highlights some procedures in YouTube’s copyright policy that...more

Robins Kaplan LLP

The Big Three Sue an ISP for Enabling Copyright Infringement

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The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....more

Dorsey & Whitney LLP

If This Copyright Law Post Mentions Hamilton, You’re More Likely to Read It

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This post is about Hamilton. Well, sort of. It’s actually about copyright law. But keep reading!...more

Foley & Lardner LLP

Case to Watch: Goldman v. Breitbart, involving embedded Tweets of Tom Brady recruiting Kevin Durant in the Hamptons

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The Southern District of New York has teed up an important copyright issue for interlocutory appeal, which could create a circuit split with the Ninth Circuit’s 2006 decision in Perfect 10, Inc. v. Amazon.com, Inc. On March...more

Fish & Richardson

Dancing Baby May Be Headed To Supreme Court

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On August 12, 2016, the Electronic Frontier Foundation (“EFF”) petitioned the Supreme Court on behalf of its client, Stephanie Lenz, to reverse the Ninth Circuit’s decision in Lenz v. Universal Music Corp., 801 F.3d 1126...more

Akerman LLP - Marks, Works & Secrets

Second Circuit In Vimeo Narrows The Red Flag Knowledge and Willful Blindness Exceptions To DMCA Safe Harbors

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the...more

WilmerHale

Copyright Flash Report: Attorneys' Fees and Pre-1972 Safe Harbor

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Objective Reasonableness Must Receive “Substantial Weight” in Copyright Attorney-Fee Shifting Decisions:Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 (U.S. June 16, 2016) - Kagan, J. In a unanimous decision, the...more

Womble Bond Dickinson

Rethinking Fair Use in the DMCA Context

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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

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

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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

Davis Wright Tremaine LLP

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

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

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

Proskauer - New England IP Blog

Summary Judgment Ruling Not a Pretty Picture for Massachusetts Copyright Plaintiff

A recent decision from the District of Massachusetts demonstrates the difficulties that can arise when attempting to protect copyrighted works displayed on the internet. The July 29, 2015 order issued by the Honorable Patti...more

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