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303 Creative Ruling Sets and Reaffirms Key Precedents for Online Service Providers

The Supreme Court's landmark decision in 303 Creative v. Elenis, No. 21-0576 (U.S. June 30, 2023) held that Colorado cannot force a website designer to create an expressive message antithetical to her beliefs. In so ruling,...more

In Counterman v. Colorado, the Supreme Court Confirms the Vitality of New York Times v. Sullivan

The future appears bright (or at least brighter) for the Supreme Court's seminal decision New York Times v. Sullivan, 376 U.S. 254 (1964), after six Justices endorsed its core principles in a recent decision involving the...more

Supreme Court Hands Twin Victories to Online Services

Twitter v. Taamneh and Google v. Gonzalez rulings address Section 230 of the Communications Decency Act - The Supreme Court ruled in two long-awaited cases on May 18, handing twin victories to online services. These...more

Pop Art Flop: Supreme Court Rules Against Warhol Foundation

The justices' 7-2 decision addresses fair use, "transformative" artistic changes, and a 1981 photo of Prince - On May 18, 2023, the Supreme Court issued its hotly anticipated decision exploring the elusive boundaries of...more

Supreme Court Holds Inaccuracy in a Copyright Registration Only Invalidates the Registration With Proof of Actual Knowledge of...

On February 24, 2022, the U.S. Supreme Court held in a 6-3 decision that an error in an application for copyright registration can invalidate a registration only where the applicant has actual knowledge of or is willfully...more

Show the Good With the Bad (and the Ugly): FTC Takes Aim at Third-Party Review Suppression

For the first time, the Federal Trade Commission (FTC) has taken aim at a company's failure to publish negative customer reviews on its website, claiming such a practice is deceptive and violates the FTC Act....more

Washington State Passes New Anti-SLAPP Statute

Effective July 25, 2021, the state of Washington has a new anti-SLAPP statute—replacing the version that the Washington Supreme Court declared invalid in 2015. The statute restores important defenses for news organizations,...more

Biden Administration Rescinds Trump's TikTok and WeChat Bans, Issues Two Executive Orders Highlighting Policies on Chinese Tech...

Earlier this month, President Biden issued two executive orders designed to address risks allegedly posed by Chinese technology companies. One order rescinds President Trump's orders banning TikTok, WeChat, and other Chinese...more

Senators Propose Substantial Revisions to Section 230's Protections for Online Providers

On February 5, 2021, three Democratic Senators released the SAFE TECH Act, which aims to require online service providers to address fraud, harassment, and the use of social media to organize extremist violence. If passed,...more

Copyright Office Says Courts Have Construed DMCA Too Favorably for Online Providers

In its "first full analysis" of whether Section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is … achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

Courts Have Construed DMCA Too Favorably for Online Providers, Copyright Office Says

In its "first full analysis" of whether section 512 of the 1998 Digital Millennium Copyright Act (DMCA) "is… achieving its aim of balancing the needs of online service providers with those of creators," the U.S. Copyright...more

2nd Circuit Resolves Key Issues in Copyright Case

Last week, the 2nd Circuit published an opinion that resolved several significant copyright issues, including conflicts concerning the discovery rule, the recovery of damages accrued before the Copyright Act's three-year...more

5/20/2020  /  Copyright , The Copyright Act

Two New California Laws Tackle Deepfake Videos in Politics and Porn

Effective in 2020, two new California laws will regulate the distribution of so-called "deepfakes"—manipulated images, audio, or visual depictions of someone that appear to be genuine. ...more

Grindr and Armslist Cases Reaffirm Core Protections for User-Generated Content

Sometimes, bad facts don’t make bad law. Two recent decisions confirm that a federal immunity protects websites from claims that they allowed their users to post content that ultimately caused injury or even death. ...more

California Legislature Weighing Law to Regulate Websites that Allow Online Advertising of Unlicensed Cannabis Businesses (AB 1417)

Last week, a California legislative committee advanced a bill that would require websites that primarily publish content about cannabis products to ensure advertisements on their sites include a license number and all...more

Supreme Court’s Strict Construction of Copyright Act Pre-Suit Requirements Likely to Up the Ante on “Preregistration”

The Supreme Court held on March 4 that a copyright owner may not file a lawsuit alleging infringement without first securing a registration from the Copyright Office. The opinion resolves a longstanding split in federal...more

California Supreme Court Affirms Broad Section 230 Immunity

In a closely watched case, the California Supreme Court on Monday confirmed it will continue to broadly interpret the immunity provided by Section 230 of the Communications Decency Act, 47 U.S.C. § 230. Hassell v. Bird,...more

Ninth Circuit Clarifies Standards for Applying SLAPP Procedure in Federal Court

The Ninth Circuit issued an opinion last week clarifying the standards applicable to anti-SLAPP motions in federal court, which is accompanied by a concurrence inviting the court to revisit its decision to hear anti-SLAPP...more

Reminder: By December 31, 2017, Online Service Providers Must Re-Register DMCA Agents Registered Before December 1, 2016

December 31, 2017, is a key deadline for online service providers that store content provided by third-party users. By that date, providers must designate an agent with the Copyright Office for receipt of Digital Millennium...more

Ninth Circuit Holds Website Can Lose DMCA Safe Harbor by Using Moderators

Earlier this month, the Ninth Circuit Court of Appeals held that an online provider may become ineligible for the safe harbor provided by Section 512(c) of the Digital Millennium Copyright Act if its moderators help select...more

Second Circuit Denies Section 230 Immunity for Acts of Affiliate Marketers

The Second Circuit became the third federal appellate court ever to deny immunity under Section 230 of the Communications Act, 47 U.S.C. § 230, which provides broad protection for content supplied to websites by their users....more

First Circuit Affirms Dismissal of Lawsuit Against Backpage.com, Confirms Broad Scope of Section 230 Immunity

The U.S. Court of Appeals for the First Circuit this week delivered a resounding victory for websites dependent on a federal immunity from claims based on content posted by third parties. Broadly interpreting Section 230 of...more

State Supreme Court Strikes Down Washington’s Anti-SLAPP Statute

The Washington Supreme Court in May struck down the state’s 2010 anti-SLAPP statute, holding in a unanimous opinion that the law violates the state constitution’s right to a jury trial and is invalid on its face. The...more

Shooting the Messenger? Websites could face greater liability for third-party content in the EU

Three developments in the last two months suggest websites face greater liability for content authored by third parties in the European Union—including reader comments, posts on message boards and social networks, and search...more

State Supreme Court Strikes Down Washington’s Anti-SLAPP Statute

The Washington Supreme Court this morning invalidated the state's broad anti-SLAPP statute, holding in a unanimous opinion that the law violates the constitutional right to a jury trial. The decision strikes the statute in...more

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