Tag Archives: Digital Millennium Copyright Act

Greater liability for ISP’s?

In a sure-to-be-appealed verdict last week, a federal court jury in the Eastern District of Virginia found Cox Communications liable to pay $25 million to music publisher BMG Rights Management for contributory copyright infringement. Does this case add anything new to the debate over whether the Digital Millennium Copyright Act strikes the right balance in … Continue Reading

A New Lenz: Google Weighs In on 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

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

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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