Archives: Digital Millennium Copyright Act (DMCA)

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Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

Photo of Craig CupidBy Craig Cupid on Posted in Digital Millennium Copyright Act (DMCA)
Protection From Additional Liabilities Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims. Copyright holders may pursue secondary liabilities such as vicarious, contributory or induced infringement. Secondary liabilities are sought when the user who posted the infringing materials is not available or cannot … Continue Reading

Part 2: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

Photo of Craig CupidBy Craig Cupid on Posted in Digital Millennium Copyright Act (DMCA)
Compliance With Notice and Takedown Provisions of the DMCA In 17 U.S.C. § 512, subsections (c) and (d), special notice and takedown provisions are outlined for OSPs that host copyrighted materials on their platform or contain links to copyrighted material on their platforms, respectively. If these particular OSPs comply with the notice and takedown provisions, … Continue Reading

Part 1: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

Photo of Craig CupidBy Craig Cupid on Posted in Digital Millennium Copyright Act (DMCA)
Introduction The most recent changes to U.S. copyright rules driven by the Digital Millennium Copyright Act (DMCA) became effective on Dec. 1, 2016. However, a considerable time after the effective date, many companies have yet to fully comply with the rules outlined in 37 C.F.R. § 201.38 and 17 U.S.C. § 512. Companies should review … Continue Reading

The Scope of CDA and DMCA Protection for Online Services Continues to Evolve

Photo of Zoe SteinbergBy Zoe Steinberg and Alan L. Friel on Posted in Copyright, Digital Millennium Copyright Act (DMCA)
Section 230 of the Communications Decency Act (CDA, codified 47 U.S.C. § 230) and the Safe Harbor provisions of the Digital Millennium Copyright Act (DMCA, codified 17 U.S.C. § 512) provide certain protections for operators of online services from some, but not all, third-party claims arising out of user content posted on those services. These … Continue Reading

SoundExchange to Audit Pandora and Others to Ensure Accurate Reporting of Music Plays

Photo of Tatiana MarkelBy Tatiana Markel on Posted in Copyright, Digital Millennium Copyright Act (DMCA), Music Industry, Royalties
On January 22, 2016, the Copyright Royalty Board published SoundExchange’s notices of intent to audit broadcasters — including Beasley Broadcast Group Inc., Greater Media Inc., Saga Communications Inc., Townsquare MediaBroadcasting, and Univision Communications Inc. — and commercial webcasters — including Pandora Media Inc., Batanga, DMX, and Muzak Inc. — for payments each made to SoundExchange … Continue Reading

A New Lenz: Google Weighs In on Fair Use

By Regina Culbert on Posted in Copyright, Copyright Infringement, Digital Millennium Copyright Act (DMCA), Fair Use
The Digital Millennium Copyright Act creates a liability “safe harbor” for online service providers that post content that may be protected by copyright. It facilitates the takedown of an infringing work by providing a relatively simple “notice and takedown” procedure. However, the DMCA has been criticized for making it more difficult for individual creators to … Continue Reading

Fox News LLC v. TVEyes, Inc.—Does the Courts’ Expansion of Fair Use Copyright Protection Promote the “Progress of Science and useful Arts” When It Requires Increasing Judicial Oversight Over Activities That Otherwise Would Be Regulated By the Marketplace?

By Robert Welsh on Posted in Copyright, Digital Millennium Copyright Act (DMCA), Fair Use
In 2014, when District Court Judge Alvin Hellerstein of the Southern District of New York upheld TVEyes, Inc.’s (“TVEyes”) monitoring service as “fair use” in the face of a copyright infringement claim brought by Fox New Network LLC (“Fox News”),[1] the decision was seen as yet another step in the federal courts’ limitations of the … Continue Reading

The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice

By Maryanne Stanganelli on Posted in Copyright, Digital Millennium Copyright Act (DMCA)
Yesterday 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 Millennium Copyright Act (“DMCA”). Moreover, a copyright owner that fails to conduct a fair use analysis prior to sending a DMCA … Continue Reading
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