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Digital Millennium Copyright Act Safe Harbors The Copyright Act

Robins Kaplan LLP

A Dive Into Intellectual Property Liability for E-Commerce Platforms

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Online shopping has become increasingly popular in recent years. E-commerce sales surpassed $6.5 trillion in 2023 and are expected to total over $8.1 trillion by 2026. Convenience of product variety and online competition...more

Venable LLP

Top Ten Current Key Copyright Issues and Pitfalls Affecting Nonprofits

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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

It’s Time to “Get Smart” About the SMART Copyright Act – What it Means for Copyright and Patent Holders

Amundsen Davis LLC on

The Digital Millennium Copyright Act (DMCA) was intended to give copyright owners protection against online infringement and service providers a safe harbor when service users infringe copyrights in works displayed online....more

Venable LLP

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

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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

Wilson Sonsini Goodrich & Rosati

December Deadline Approaches for Maintaining DMCA Safe Harbor Protection

Companies that wish to benefit from the Digital Millennium Copyright Act's (DMCA's) safe harbors for online service providers are required to use a new electronic system at the Copyright Office to designate an agent for the...more

Poyner Spruill LLP

New Electronic System for DMCA Safe Harbor Agent

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If your company hosts or operates an interactive website that allows users to post or upload materials, you need to have a Digital Millennium Copyright Act (DMCA) policy. A DMCA policy gives copyright owners the opportunity...more

Tucker Arensberg, P.C.

Website Operators Must Use New Online System to Qualify for DMCA Safe Harbor

Tucker Arensberg, P.C. on

On December 1, 2016, online service providers (including most website operators, cloud service providers and online communication services) must qualify for the Digital Millennium Copyright Act (“DMCA”) safe harbor by using a...more

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2016

Fenwick & West LLP on

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...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

Davis Wright Tremaine LLP

Internet Service Providers and Oldies Fans Rejoice: Second Circuit Holds the DMCA Safe Harbor Covers Pre-1972 Sound Recordings

The Second Circuit’s decision last week in Capitol Records, LLC v. Vimeo, LLC was a victory for internet service providers who host third-party content. It plugged a major loophole in the DMCA safe harbor for information...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

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

Pillsbury - Internet & Social Media Law Blog

Twitter, the DMCA and Copyright in the Age of Sharing

As social media platforms continue to find new ways to allow users to share, post, and forward nonoriginal content and users become more engaged in the practice, the platforms hosting the content and disgruntled original...more

Foley Hoag LLP - Trademark, Copyright &...

The Case of the Missing Designated Agent: Omitting Subsidiaries From Your DMCA Filing May Be Costly

Many of our fine readers are by now well acquainted with the Digital Millennium Copyright Act (DMCA), the late-‘90s era addition to the Copyright Act intended to address an increasingly digital copyright landscape. The DMCA...more

Mintz - Trademark & Copyright Viewpoints

OSPs: Are You Sure You Are Safely Within the DMCA Safe Harbor?

The Digital Millennium Copyright Act (DMCA), signed into law October 28, 1998, added Section 512 to the US Copyright Act limiting the liability of online service providers for copyright infringement. Basically, the law...more

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