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Fair Use Copyright Infringement YouTube

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

Weintraub Tobin

Podcast: The Briefing from the IP Law Blog - YouTube Removes 150 Videos from Popular AniTuber’s Channel

Weintraub Tobin on

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute which led to the removal of three years worth of content from a popular anime YouTuber’s channel....more

Weintraub Tobin

The Briefing from the IP Law Blog: YouTube Removes 150 Videos from Popular AniTuber’s Channel

Weintraub Tobin on

In this episode of The Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute which led to the removal of three years worth of content from a popular anime YouTuber’s channel....more

Weintraub Tobin

Podcast: The Briefing by the IP Law Blog - Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

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In this week's podcast episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to...more

Weintraub Tobin

The Briefing by the IP Law Blog: Can Copyrighted Music Keep Vids of Police Encounters Off The Internet?

Weintraub Tobin on

In this week's episode of the Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss recent news stories reporting that police officers played copyrighted music during filmed encounters, ostensibly to keep the...more

Sunstein LLP

YouTube’s Copyright Policy: Pitfalls Aplenty for Video Creators

Sunstein LLP on

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

Weintraub Tobin

Lawsuits are the Inevitable Cost of YouTube Success

Weintraub Tobin on

Whenever there is a report of a YouTube creator being sued for copyright infringement, the response from the creator and the community seems to be one of shock and surprise. The truth is, successful YouTube content creators...more

Dorsey & Whitney LLP

Dancing Baby Waltzes Up to The Biggest Dance Floor in the Land

Dorsey & Whitney LLP on

It’s not every day that SCOTUS is asked to review a case involving a video of a dancing baby. But that’s what happened late last week when the lawyers for Stephanie Lenz asked the Court to review the 9th Circuit’s decision...more

Fish & Richardson

Ninth Circuit Issues Amended Opinion in “Dancing Baby” DMCA Notice-and-Takedown Case

Fish & Richardson on

Earlier this month the Ninth Circuit issued an amended opinion in the longstanding “Dancing Baby” notice-and-takedown case. The court added further support for its initial September 2015 holding that a copyright holder must...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

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

Carlton Fields

"Let's [Not] Go Crazy" with Copyright Takedown Notifications

Carlton Fields on

Stephanie Lenz posted a short home video on YouTubein February 2007 of her two young children dancing to a barely audible recording of the Prince song “Let’s GoCrazy.” In June of the same year, YouTube received a takedown...more

Pillsbury - Internet & Social Media Law Blog

Google Gives Fair Use on YouTube a Fighting Chance

Last month, Google announced a groundbreaking policy that may help shift the balance of power between copyright claimants and those who upload YouTube videos that may be covered by fair use. According to Google’s Public...more

Weintraub Tobin

Court Provides Fair Use Guidance On YouTuber’s Use of Viral Video

Weintraub Tobin on

This copyright case pitted two big YouTube content brands against each other over issues of fair use. On one side is Equals Three, LLC, a YouTube content studio and channel created and owned by Ray William Johnson, an early...more

Pillsbury - Internet & Social Media Law Blog

The Case of Prince, a Dancing Baby and the DMCA Takedown Notice

In 2007, Stephanie Lenz posted a 29-second video to YouTube of her baby dancing in the kitchen with Prince’s “Let’s Go Crazy” playing in the background. Claiming use of their song amounted to copyright infringement, Universal...more

Fenwick & West LLP

Litigation Alert: Lenz v. Universal Music Group – Baby Keeps on Dancin'

Fenwick & West LLP on

The Ninth Circuit has finally weighed in on the long-running saga of the “dancing baby” video case (the “baby” in the video is now a 9-year old), and its opinion could have long-lasting effects on fair use and how copyright...more

Snell & Wilmer

Ninth Circuit: Copyright Holders Must Consider Fair Use Before Sending DMCA Takedown Notices

Snell & Wilmer on

The Ninth Circuit held last week in Lenz v. Universal Music Corp. (the “dancing baby” case) that a copyright holder must consider fair use before sending a takedown notice under the Digital Millennium Copyright Act (DMCA)....more

Davis Wright Tremaine LLP

Federal Court Nixes City’s Attempt to Use Copyright Law to Curtail Critic’s Speech on YouTube

A California city cannot hold one of its citizens liable for copyright infringement for using clips of city council meetings in his critical YouTube videos, a federal judge has ruled. The August 20, 2015 order in City of...more

Womble Bond Dickinson

Rethinking Fair Use in the DMCA Context

Womble Bond Dickinson on

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

Nossaman LLP

Baby vs. Prince – “Let’s Go Crazy”: Fair Use And the Digital Millennium Copyright Act

Nossaman LLP on

In view of the Ninth Circuit Court of  Appeals decision in Lenz    v. Universal Music Corp., Case Nos. 13-16106 and 13-16107 (Sept. 14, 2015), copyright owners need to be careful before sending Internet takedown notices for...more

Lewitt Hackman

Online Piracy: 9th Circuit Cautions Copyright Holders re DMCA Takedown Notices

Lewitt Hackman on

A mother who uploaded a 29 second video to YouTube probably never dreamed she'd wind up with over a million views and a lawsuit by a major music publisher that went to the Ninth Circuit court of appeal. Stephanie Lenz...more

Neal, Gerber & Eisenberg LLP

Ninth Circuit Says Think Twice Before Sending That Takedown Notice Under DMCA: Be Sure You Have a Good Faith Belief It’s Not Fair...

The Digital Millennium Copyright Act (DMCA) requires copyright holders to consider fair use before sending a takedown notification, according to the U.S. Court of Appeals for the Ninth Circuit in Lenz v. Universal Music...more

Foley Hoag LLP - Trademark, Copyright &...

Ninth Circuit “Dancing Baby” Copyright Decision: A Quick Read for the Busy Practitioner

Earlier this week, the Ninth Circuit affirmed the Northern District of California’s denial of cross motions for summary judgment in Lenz v. Universal Music. In an opinion by Judge Richard Tallman, the Court held that the...more

Stinson LLP

To Avoid Liability, Consider Fair Use Before Sending A DMCA Takedown Notice

Stinson LLP on

In the online content takedown and put-back volley provided under the Digital Millennium Copyright Act (DMCA) to limit service provider copyright infringement liability, the Ninth Circuit Court of Appeals held earlier this...more

Cooley LLP

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

Cooley LLP on

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

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