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Digital Platform Liability Copyright Infringement

Cranfill Sumner LLP

The Modern Napster: Will OpenAI End Like the File Sharing Platform?

Cranfill Sumner LLP on

On December 27, 2023, the New York Times sued OpenAI for copyright infringement. OpenAI is the company behind popular application ChatGPT. The New York Times’s lawsuit is not unique but could be hugely consequential to...more

Irwin IP LLP

Publishers Take a Hatchet to Free Digital Libraries

Irwin IP LLP on

On March 24, 2023, the Southern District of New York held that the Internet Archive (“IA”)’s digitization and lending online of the Hatchette Book Group (“Publishers”)’s copyrighted physical books infringed Publishers’...more

McDermott Will & Emery

DMCA Safe Harbor Protection Includes Pre-1972 Recordings

Vacating a district court’s decision, the US Court of Appeals for the Second Circuit explained that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protects material posted on websites of online hosts...more

Carlton Fields

"Let's [Not] Go Crazy" with Copyright Takedown Notifications

Carlton Fields on

Stephanie Lenz posted a short home video on YouTubein February 2007 of her two young children dancing to a barely audible recording of the Prince song “Let’s GoCrazy.” In June of the same year, YouTube received a takedown...more

BakerHostetler

Transforming Works: The Second Circuit Rules That the Google Library Project Digitization Is a Transformative Fair Use in Authors...

BakerHostetler on

On October 16, 2015, the Second Circuit affirmed the district court’s ruling in Authors Guild, Inc. v. Google Inc., 954 F. Supp. 2d 282 (S.D.N.Y. 2013), previously reported here, that Google’s digitization of complete...more

Fenwick & West LLP

And the Winner is? Digital Platform Liability for Trademark Infringement

Fenwick & West LLP on

Much has been made of the question of liability for the operation or furnishing of digital platforms in the copyright context. Since the U.S. Supreme Court ruling that the provider of the Betamax recorder did not itself...more

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