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Digital Millennium Copyright Act Copyright Office Copyright Infringement

Ropes & Gray LLP

An End-of-Year Update to the Current State of AI Related Copyright Litigation

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In April 2024, we published a summary of the then current state of artificial intelligence (“AI”)-related copyright litigation. Since that publication, new theories for complaints and defenses have emerged in this space. As...more

AEON Law

Patent Poetry: What’s Happening with AI and Copyright Law

AEON Law on

Not surprisingly, a lot is happening at the intersection of artificial intelligence (AI) and intellectual property (IP) law. Here’s a roundup of some recent developments in the area of copyright law and AI....more

Dorsey & Whitney LLP

Recent Decision Illustrates Potential Global Implications of DMCA Takedown Requests

Dorsey & Whitney LLP on

The Digital Millennium Copyright Act (DMCA) is a section in the US Copyright Act that provides a safe harbor for internet service providers so long as they comply with a notice and takedown system. The way the DMCA works is a...more

Faegre Drinker Biddle & Reath LLP

The ABC’s of the DMCA for OSP’s

We promise we didn’t just spill a can of alphabet soup in the title of this post! If your company’s website hosts user-generated content, or UGC (more acronyms!), you may be able to take advantage of a provision under US...more

Venable LLP

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

Venable LLP on

With decades of experience assisting nonprofit clients with copyright issues, we periodically like to offer refreshers on key copyright issues and highlight current trends we see nonprofit organizations encounter with...more

Amundsen Davis LLC

Is Further Erosion of Intellectual Property on the Horizon? A Proposed Expansion of the Exemption Rule under the Digital...

Amundsen Davis LLC on

A proposed rule at the Copyright Office seeks to expand the exemptions available under Section 1201 of the Digital Millennium Copyright Act (DMCA) to give those conducting research into the operation of AI systems an...more

Seyfarth Shaw LLP

What Do Michael Jordan and Sarah Silverman Have in Common? The End of AI as We Know It (According to the Makers of ChatGPT)

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The latest briefing in Silverman v. OpenAI reads like that old REM song, “The End of the World as We Know It.” OpenAI has responded to the Plaintiffs’ claims that OpenAI’s popular platform ChatGPT has infringed their...more

AEON Law

Patent Poetry: Copyright Small Claims Court Starts Operations

AEON Law on

As we wrote about in this blog back in early 2021, the COVID-19 stimulus relief and government-funding bill signed into law in December created a new “small claims court” for small-scale copyright disputes....more

Weintraub Tobin

Podcast: The Briefing from the IP Law Blog - The Right to Repair and More New Exemptions

Weintraub Tobin on

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s new exemptions to the DMCA....more

Weintraub Tobin

The Briefing from the IP Law Blog – DMCA: The Right to Repair and More new Exemptions

Weintraub Tobin on

In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s new exemptions to the DMCA....more

Haug Partners LLP

The Nuts and Bolts of the Copyright Claims Board

Haug Partners LLP on

The Consolidated Appropriations Act which came into existence on December 27, 2020 incorporates the Copyright Alternative in Small-Claims Enforcement Act (the “CASE Act”) which established the new Copyright Claims Board...more

Jaburg Wilk

Stopping Online Infringement

Jaburg Wilk on

Substantively, copyright protection is the same in the digital world and on the internet as in traditional form. The only practical difference is the likelihood that the copyright will be infringed. Works available in cyber...more

Hinshaw & Culbertson LLP

Congress Provides New Copyright Office Forum To Resolve Small Claims For Copyright Infringement

On December 27, 2020, the Copyright Alternative in Small-Claims Enforcement Act (CASE Act) was signed into law as part of the COVID-19 stimulus relief and government-funding bill. The CASE Act revises the Copyright Act, 17...more

Mintz - Trademark & Copyright Viewpoints

Congress Creates a Copyright Claims Board for Adjudication of Small Copyright Infringement Claims

Following up on our initial report last year on the possible creation of a Copyright Claims Board, we can now confirm the creation of that Board. The Consolidated Appropriations Act signed into law by President Trump on...more

Davis Wright Tremaine LLP

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

Fenwick & West LLP

U.S. Copyright Office: DMCA Is “Tilted Askew,” Recommends Remedies for Rightsholders

Fenwick & West LLP on

On May 21, 2020, the U.S. Copyright Office released its first full report—based on 92,000 written comments, five roundtables and decades of case law—on the Digital Millennium Copyright Act (17 U.S.C. § 512). The analysis was...more

Neal, Gerber & Eisenberg LLP

U.S. Copyright Office Releases Report on Digital Millennium Copyright Act

The Digital Millennium Copyright Act (“DMCA”), signed into law in 1998, has had an enormous and long-lasting impact on the rights of copyright owners and the evolution of the internet....more

Fox Rothschild LLP

Copyright Office Says DMCA Is Too Pro-Tech

Fox Rothschild LLP on

The US Copyright Office issued a lengthy report concluding that the Digital Millennium Copyright Act (DMCA) has “tilted askew” in favor of tech companies. It called on Congress to make changes in the act that will favor...more

Fox Rothschild LLP

Copyright Office Seeks Changes To Law To Help Copyright Owners

Fox Rothschild LLP on

The U.S. Copyright Office recently called for changes to the Digital Millennium Copyright Act (“DMCA”). Congress enacted 17 U.S.C. § 512 of the DCMA to balance the threat of liability for copyright infringement on online...more

Locke Lord LLP

Time to Renew DMCA Designated Agent Registrations

Locke Lord LLP on

For service providers that registered a DMCA agent through the Copyright Office’s online-only system established in December 2016, the time has come to re-register....more

K&L Gates LLP

No Time Like the Right Time* – To Update Your DMCA Safe Harbor Copyright Agent Registration

K&L Gates LLP on

All companies that conduct business online should take note of a potential upcoming renewal deadline for the “safe harbor” from copyright infringement liability. Online service providers seeking safe harbor under 17 U.S.C. §...more

International Lawyers Network

Supreme Court Settles Circuit Split on When a Plaintiff May Sue

The Supreme Court handed down a unanimous copyright decision in March 2019 with implications for anyone involved in a copyright dispute, as well as for marketers and brands that create and use copyrighted materials. In Fourth...more

Fenwick & West LLP

The Time is Now: Renew DMCA-Designated Agent Registrations with the Copyright Office

Fenwick & West LLP on

Starting December 1, 2019, service providers will need to renew their Digital Millennium Copyright Act-designated agent registrations with the U.S. Copyright Office to remain qualified for safe harbor protection. Fenwick...more

Jackson Walker

So Far, So Good? The DMCA Safe Harbors at Twenty

Jackson Walker on

Next month marks the 20th anniversary of an important milestone in new media history with the enactment of the Digital Millennium Copyright Act (DMCA). Signed into law on October 28, 1998, the DMCA was the federal...more

Ladas & Parry LLP

DMCA Safe Harbors Will Discontinue for Websites and Internet Service Providers that Fail to Electronically Register their...

Ladas & Parry LLP on

Proprietors of websites that host user generated content and online search engines and directories have long benefitted from the safe harbors available to them under the Digital Millennium Copyright Act (DMCA). These safe...more

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