Tag Archives: Digital Millennium Copyright Act

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

Renew It or Lose It: New Rules Set for DMCA Safe Harbor Protection

Photo of Craig CupidBy Craig Cupid on Posted in Copyright
Effective December 1, 2016, nearly five years after issuing an initial notice of proposed rules, the U.S. Copyright Office will be implementing new rules intended to govern the designation and maintenance of Digital Millennium Copyright Act (DMCA) agent information under a new electronic system. This is a significant action by the Copyright Office, for at … Continue Reading

A Darker Shade of Red Flags: Second Circuit Raises the DMCA Bar for Proving Internet Service Providers’ Knowledge of Copyright Infringement

Photo of Tatiana MarkelPhoto of Fernando A. Bohorquez, Jr.By Tatiana Markel and Fernando A. Bohorquez, Jr. on Posted in Copyright Infringement
In a significant across-the-board victory for internet service providers hosting user-generated content (UGC), on June 16, 2016, the Second Circuit Court of Appeals issued its much anticipated decision in Capitol Records, LLC v. Vimeo, LLC.  The ruling reaffirmed and clarified the Digital Millennium Copyright Act (“DMCA”) safe harbor for hosting potentially infringing UGC when they … 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

Greater liability for ISP’s?

By Regina Culbert on Posted in Uncategorized
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

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

A New Lenz: Google Weighs In on Fair Use

By Regina Culbert on Posted in Uncategorized
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

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

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 Uncategorized
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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