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Digital Millennium Copyright Act Internet Service Providers (ISPs) Intellectual Property Protection

Vondran Legal

DMCA subpoena new tool for Copyright Plaintiffs in Boy Kills World cases?

Vondran Legal on

This blog involves a unique approach being used by a Hawaii law firm to seek to uncover the name, address, email address, MAC address and other information about alleged copyright infringers. The firm is using a DMCA 512(h)...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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® - Recent Updates on the NFL and Intellectual Property

With three games on Thanksgiving Day and another on Black Friday, the NFL was likely a predominant discussion point in many households this past holiday weekend. However, these discussions were probably focused on the actual...more

Miller Canfield

Protecting Your Brand: Using DMCA Takedown Notices to Obtain Jurisdiction Over Anonymous Copycat Infringers

Miller Canfield on

A common problem for intellectual property owners in the age of e-commerce is trying to unmask the identity of anonymous infringers to get the infringing activity to stop. Even if a brand owner is successful in unmasking the...more

Proskauer - New Media & Technology

Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet

Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the...more

AEON Law

Patent Poetry: Beware of DMCA Phishing Emails

AEON Law on

While it’s safe to delete and ignore most phishing emails – such as one from a mysterious foreign prince offering you a share of his fortune – it’s a headache to have to worry about whether what appears to be a Digital...more

Lowenstein Sandler LLP

An Ounce of Prevention: Preparing for Your Pre-Seed Financing Round

Lowenstein Sandler LLP on

Benjamin Franklin famously cautioned that “an ounce of prevention is worth a pound of cure.” Although Franklin was warning the people of Philadelphia that preventing a fire is better than fighting one, the same admonition...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Internet Service Providers

Williams Mullen on

On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act (DMCA) and explain the specific requirements and procedures copyright owners and online service...more

Williams Mullen

PODCAST: Williams Mullen's Trending Now: An IP Podcast - DMCA Takedowns – Benefits to Content Owner

Williams Mullen on

On the latest episode of Trending Now - An IP Podcast, Ed White and Janet Cho discuss the Digital Millennium Copyright Act, or DMCA, along with its takedown procedures for content owners. They also review safe harbor...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

Stinson LLP

DMCA Takedown Notices: A New Opponent for Streamers

Stinson LLP on

For several months, live sporting events were halted because of the pandemic, yet during this period of uncertainty, the esports ecosystem has been active and thriving. The increased activity has meant substantial growth for...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

Haug Partners LLP

Intermediary Liability and Indirect Infringement for Marketplaces in Europe and the United States

Haug Partners LLP on

Counterfeiters often act through intermediaries, including online marketplaces, social media companies, and internet service providers (“ISPs”), that may not be aware that their services are being used for infringing...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

Orrick, Herrington & Sutcliffe LLP

Copyright Office’s DMCA Report Raises an Interesting Question: Does a Computer Know What is Fair?

On May 21, 2020, the Copyright Office issued a Report on the DMCA (“Report”) expressing the view that case law applying the DMCA’s safe harbor provision have fallen out of balance, tilting too far in favor of online platforms...more

Morrison & Foerster LLP - Social Media

Will the Music Industry Continue To Win Its Copyright Battle Against ISPs?

For the last twenty years, the music industry has been in a pitched battle to combat unauthorized downloading of music. Initially, the industry focused on filing lawsuits to shut down services that offered peer-to-peer or...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

BakerHostetler

Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

BakerHostetler on

Protection From Additional Liabilities - Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims. ...more

Robins Kaplan LLP

The Big Three Sue an ISP for Enabling Copyright Infringement

Robins Kaplan LLP on

The so-called Big Three record companies—Universal, Sony, and Warner—have sued to hold an internet service provider liable for facilitating its customers’ copyright infringement....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

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

Seyfarth Shaw LLP on

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

Fox Rothschild LLP

Operate A Website? Don’t Miss The 12/31 Deadline To Update Your DMCA Notice

Fox Rothschild LLP on

If you operate a website that accepts user-generated content, now is the time to contact the Copyright Office. Many online service providers (OSPs) accept user-generated content. Examples include e-commerce websites that...more

Fish & Richardson

Calling all ISPs: Your DMCA Agent Must Be (Re)Designated By December 31, 2017

Fish & Richardson on

The Copyright Office has announced a change that requires all internet service providers to re-designate their DMCA agent by December 31, 2017. The Digital Millennium Copyright Act (DMCA) offers a safe harbor to internet...more

Sheppard Mullin Richter & Hampton LLP

Deadline Approaching: Action Required by December 31 To Avoid Losing DMCA Safe Harbor Protection

The U.S. Copyright Office is making changes to the Digital Millennium Copyright Act (DMCA) safe harbor agent registration process. The changes impact both new online service providers as well as existing online service...more

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