News & Analysis as of

Digital Millennium Copyright Act Safe Harbors Copyright Litigation

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

Venable LLP

Nonprofit Organizations Beware: Is This a Legitimate Copyright Infringement Takedown Notice or a Phishing Scam?

Venable LLP on

Nonprofits should be aware of a troubling trend: phishing emails disguised as legitimate Digital Millennium Copyright Act (DMCA) Takedown Notices. Hackers use this ruse to grab your attention by accusing you of violating the...more

Fenwick & West LLP

Litigation Alert: “Oh No They Didn’t!” – Ninth Circuit Throws DMCA Safe Harbors for Moderated Content into Disarray

Fenwick & West LLP on

A three-judge panel of the Ninth Circuit handed down its latest decision on the scope of the optional safe harbor for web hosting services under Section 512(c) of the Digital Millennium Copyright Act. The April 7 decision in...more

Akerman LLP - Marks, Works & Secrets

Second Circuit In Vimeo Narrows The Red Flag Knowledge and Willful Blindness Exceptions To DMCA Safe Harbors

The Second Circuit recently decided Capitol Records, LLC, et al. v. Vimeo, LLC (2d Cir. June 16, 2016) (“Vimeo”), a landmark decision concerning the interpretation of the Digital Millennium Copyright Act of 1998 (the...more

WilmerHale

Copyright Flash Report: Attorneys' Fees and Pre-1972 Safe Harbor

WilmerHale on

Objective Reasonableness Must Receive “Substantial Weight” in Copyright Attorney-Fee Shifting Decisions:Kirtsaeng v. John Wiley & Sons, Inc., No. 15-375 (U.S. June 16, 2016) - Kagan, J. In a unanimous decision, the...more

Proskauer - New Media & Technology

Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. To benefit from the Section 512(c) safe harbor, a...more

Womble Bond Dickinson

Rethinking Fair Use in the DMCA Context

Womble Bond Dickinson on

On September 14, 2015, the Ninth Circuit Court of Appeals, ruling in Lenz v. Universal Music Group, 2015 U.S. App. LEXIS 16308 (“Lenz 2015”), affirmed the denial of the respective parties’ motions for summary judgment... In...more

Akerman LLP - Marks, Works & Secrets

Owners of Celebrity Fan Sites Still in the Spotlight for Copyright Liability Without DMCA Safe Harbor

The Southern District of New York recently stressed the importance for internet service providers (“ISPs”) to comply with “safe harbor” requirements of the Digital Millennium Copyright Act (“DMCA”) in order to be shielded...more

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