Tag Archives: DMCA

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

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?

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

Social Media Do’s and Don’ts

Authored by:  Fernando A. Bohorquez and Alan M. Pate Available here, courtesy of our sister site the Data Privacy Monitor. Editor’s Note: This blog post was originally published on September 11, 2013, courtesy of iMedia Connection’s Blog. It is repurposed with permission.… Continue Reading

Potential Bad News for UGC Music Sites: Pre-1972 Tracks May Not Be Covered By the DMCA’s Safe Harbor

Co-authored by:  Julian Darwall When you think of “Peggy Sue” by Buddy Holly, “Johnny B. Goode” by Chuck Berry, and “My Girl” by the Temptations, you think classic, iconic, rock and roll. Now, in light of the most recent legal setback against music sharing website Grooveshark, these songs may also represent a potentially significant limitation … Continue Reading

Google Responds to Suit by Hendrix Photographer Against It and Mr. Brainwash

Last month, Google, Inc. responded to the Third Amended Complaint of Jim Marshall Photography, LLC against Thierry Guetta, Guetta’s affiliated company It’s a Wonderful World, Inc., Google, Inc. and John Doe defendants in the United States District Court for the Central District of California.  Google denied the claims of copyright infringement and contributory and vicarious copyright infringement … Continue Reading

Copyright Etiquette

Pinterest is one of the world’s most visited sites, arising interest in and attracting both individual and business users.  As of December 2011, Pinterest entered the top 10 social networks in terms of hitwise data, with 11 million visits per week.  Today, it closely rivals both Twitter and Facebook in popularity.  Unlike, Twitter and Facebook however, … Continue Reading

Ninth Circuit to Consider the Impact of Viacom

The Court of Appeals for the Ninth Circuit Court might re-examine the Digital Millennium Copyright Act (the “DMCA”) copyright infringement safe harbor standards.  The Ninth Circuit ruled last year in UMG vs. Veoh, a case dealing with user-uploaded music videos, that Veoh, a video-sharing website was protected under the safe harbor provision of the DMCA.  Now, … Continue Reading

Viacom v. YouTube: A Question of Fact

Viacom recently asked a federal court to order YouTube to pay it more than $1 billion in damages for about 150,000 videos that Viacom claims it owns and YouTube users have shared.  It accused YouTube of harnessing video-sharing technology permitting users to infringe copyright on a massive scale, harming not only Viacom but also “one … Continue Reading