The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit
The Briefing: Authors Get Mixed Results with Initial Skirmish in OpenAI Lawsuit (Podcast)
Podcast: The Briefing from the IP Law Blog - The Right to Repair and More New Exemptions
The Briefing from the IP Law Blog – DMCA: The Right to Repair and More new Exemptions
PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Internet Service Providers
PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner
Podcast: The Briefing by the IP Law Blog - Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
The Briefing by the IP Law Blog: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?
Instapundit: America's IP Laws Need to be "Pruned Back"
Copyright Safe Harbors: Establishing Protection Against Infringement Claims
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
With a market capitalization forecast of over $35 billion for 2022, there is no question that non-fungible tokens (NFTs) are hugely popular. Despite this, the intellectual property rubric underlying these NFT offerings are...more
As you’ve read in this space before, copyright law can be hard to navigate. Because copyright infringement is a strict liability tort, copying someone else’s material can lead to much more serious consequences than when you...more
On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act (DMCA) and explain the specific requirements and procedures copyright owners and online service...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
Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more
On December 22, 2020, Senator Thom Tillis (R-NC), then chair of the Senate Judiciary Subcommittee on Intellectual Property, released a discussion draft of the Digital Copyright Act of 2021 (DCA) that would make sweeping...more
For several months, live sporting events were halted because of the pandemic, yet during this period of uncertainty, the esports ecosystem has been active and thriving. The increased activity has meant substantial growth for...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
Back to Basics: A Primer on Intellectual Property Rights in Video Games - In this series, we discuss some of the fundamental concepts of intellectual property law as they relate specifically to video game companies and...more
Back to Basics: A Primer on Intellectual Property Rights in Video Games - It is often said that the most important asset to any video game company is its "IP," or intellectual property. The reason for this is not...more
Like many industries, the hobby games (HG) industry suffered from unprecedented counterfeiting problems in recent years. Despite steadily rising popularity, until recently HGs were not much affected by piracy and...more
Social media usage has exploded in recent years and has permanently transformed the way products and services are marketed and sold. Social media platforms include many different online destinations such as social networking...more
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
Organizationally speaking, the Safe Harbors part of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, doesn't make much sense. Provisions governing related matters are often scattered through the section, and...more
A Smooth Patch in a Rough Road? Governmental Transition and Intellectual Property - Whenever a new Congress convenes, some IP issues come to the fore while others take a back seat. Transition to a new administration in the...more
On December 1, 2016, the US Copyright Office outlined a new online procedure for websites, hosting companies, mobile app publishers and other internet services that permit user-generated content (service providers) to...more
Under the Digital Millennium Copyright Act (“DMCA”), an online service provider (“OSP”) – such as the owner of a website that allows users to post user content – may be eligible for a safe harbor from copyright infringement...more
Apparently, George Lucas is not the only party in California who can edit his own work after release in order to change aspects he does not like. While perhaps not as culturally significant as changing “Star Wars: A New Hope”...more
As explained by the United States Supreme Court in Reed Elsevier, Inc. v. Muchnick, registering a copyright is an essential element of a cause of action for copyright infringement. Lesser appellate and trial courts have...more
Since 1998, when the Digital Millennium Copyright Act (the “DMCA”) was enacted, the DMCA take-down notice has achieved the status of a trusted weapon aimed by copyright owners directly at the unauthorized transmission of...more
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