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Digital Millennium Copyright Act Takedown Notices The Copyright Act

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

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

Carlton Fields

Getting Creative with Video Games: Whose Game Is It, Anyway?

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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

Carlton Fields

Getting Creative with Video Games: DMCA Takedowns and You

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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

Poyner Spruill LLP

New Electronic System for DMCA Safe Harbor Agent

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If your company hosts or operates an interactive website that allows users to post or upload materials, you need to have a Digital Millennium Copyright Act (DMCA) policy. A DMCA policy gives copyright owners the opportunity...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

Pierce Atwood LLP

What You Need to Know About U.S. Law: You Really Need to Register Your Copyrights

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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

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

Davis Wright Tremaine LLP

The Dancing Baby Grooves to Mixed Victory in the 9th Circuit: Court Holds that DMCA Takedown Notices Require Consideration of Fair...

Behind the scenes of the Internet’s current swirl of memes, mashups and other viral content is a massive system of takedown notices and counternotices passing back and forth between content owners, web hosts and users,...more

Womble Bond Dickinson

DMCA Take-Down Notice: Best Practices

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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

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

Bennett Jones LLP

9th Circuit Confirms Duties for Posting DMCA Takedown Complaints

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As Canada begins to settle in with the new “notice and notice” provisions under the Copyright Act (Canada) which came into force January 2, 2015, copyright owners in Canada still need to address infringing content posted on...more

Cooley LLP

Alert: Ninth Circuit: Copyright Owners Must Consider Fair Use Defense Before Sending Takedown Notices

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On September 14, 2015, the Ninth Circuit Court of Appeals held that parties who send "takedown notices" under the authority of the Digital Millennium Copyright Act ("DMCA") must consider whether the subject work constitutes a...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

Faegre Drinker Biddle & Reath LLP

Before Sending DMCA Takedown Notice, Copyright Owners Face Duty to Consider Fair Use, Says Appeals Court

On September 14, 2015, the United States Court of Appeals for the Ninth Circuit held that copyright owners have a “duty to consider—in good faith and prior to sending a [DMCA] takedown notification—whether allegedly...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

Foley Hoag LLP - Trademark, Copyright &...

The Case of the Missing Designated Agent: Omitting Subsidiaries From Your DMCA Filing May Be Costly

Many of our fine readers are by now well acquainted with the Digital Millennium Copyright Act (DMCA), the late-‘90s era addition to the Copyright Act intended to address an increasingly digital copyright landscape. The DMCA...more

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