News & Analysis as of

Digital Millennium Copyright Act Intellectual Property Protection Copyright Office

Irwin IP LLP

The McFlurry is Not McBroken Anymore!

Irwin IP LLP on

U.S. Copyright Office, Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 89 Fed. Reg. 42 (Oct. 28, 2024) - If you ever wondered why it seemed like McDonald’s...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

Venable LLP

Overview of U.S. Copyright Office Report Regarding Artificial Intelligence and Digital Replicas

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The U.S. Copyright Office published Part 1 of their report on copyright and artificial intelligence (AI), focusing on digital replicas. Digital replicas are "a video, image, or audio recording that has been digitally created...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

Vondran Legal

Copyright Law and BodyCam Video

Vondran Legal on

I saw this question online and decided to answer it here on my blog.  It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age. Many people want to know, is police...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

Venable LLP

Copyright Counseling and Protection: An Excerpt from the Advertising Law Tool Kit

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A properly maintained copyright portfolio is essential to any successful brand owner. Copyright can extend to advertisement copy, manuals, visuals, art, photography, storyboards, scripts, film, video, online components,...more

Sheppard Mullin Richter & Hampton LLP

The USPTO and USCO Delivered a Report to Congress on IP Issues with NFTs – Maintains Existing IP Regime

The United States Patent and Trademark Office (“USPTO”) and the United States Copyright Office (“USCO”) delivered a report to Congress entitled Non-Fungible Tokens and Intellectual Property on March 12, 2024 (“Report”). While...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

Skadden, Arps, Slate, Meagher & Flom LLP

AI Insights: Copyright Office To Consider AI Proposal as Part of the Current DMCA Triennial Review

Copyright Office To Consider AI Proposal as Part of the Current DMCA Triennial Review - A key feature of the 1998 Digital Millenium Copyright Act (DMCA) is its prohibition of circumventing access controls that have been...more

Womble Bond Dickinson

Copyright Office Seeking Comments on AI-related Copyright Issues

Womble Bond Dickinson on

On August 30, the U.S. Copyright Office issued a Notice of Inquiry on Copyright and Artificial Intelligence. The goal of the Notice of Inquiry is to further inform the Office’s study of AI and to evaluate whether legislative...more

Skadden, Arps, Slate, Meagher & Flom LLP

Two US Senators Solicit Study of Intellectual Property Rights Related to NFTs

On June 9, 2022, Sens. Patrick Leahy (D-Vt.) and Thom Tillis (R-N.C.) sent a letter to the directors of the U.S. Patent and Trademark Office (PTO) and the U.S. Copyright Office requesting a study of intellectual property (IP)...more

Holland & Knight LLP

Etsy Introduces New IP Reporting Portal

Holland & Knight LLP on

Businesses regularly lose revenue because of inadequate online brand enforcement. At the same time, online marketplace consumers regularly purchase counterfeit products without ever knowing that they purchased a fake. Sales...more

Haug Partners LLP

The Nuts and Bolts of the Copyright Claims Board

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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

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

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

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

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

Morrison & Foerster LLP

If Your Company’s Websites or Blogs Host User-Generated Content, Please Read This Client Alert!

Morrison & Foerster LLP on

In the classic rock song “Light My Fire,” ‘60s icon and the Doors’ lead singer Jim Morrison sang, “The time to hesitate is through.” If your company operates a website or blog that hosts user-generated content, and has yet...more

Neal, Gerber & Eisenberg LLP

Reminder: Service Providers Must Comply with New Requirements for Copyright Safe Harbor by December 31, 2017

As we discussed in our previous alert, the deadline for internet service providers to re-register electronically for copyright safe harbor protection is rapidly approaching on December 31, 2017....more

Seyfarth Shaw LLP

December 31, 2017: Last Day To Designate DMCA Agent Or Lose Safe Harbor Eligibility

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Starting December 31, 2017, all online service providers (which includes website owners) who want to take advantage of the Digital Millennium Copyright Act (DMCA) Safe Harbor must designate a registered agent with the U.S....more

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