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Online Platforms 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

Arnall Golden Gregory LLP

The Pitch - April 2024

The Pitch newsletter is a monthly update of legal issues and news affecting or related to the music, film and television, fine arts, media, professional athletics, eSports, and gaming industries. The Pitch features a diverse...more

Bradley Arant Boult Cummings LLP

No Laughing Matter: Comedian Sarah Silverman Sues Meta Platforms and OpenAI for Copyright Infringement

Comedian Sarah Silverman and authors Richard Kadrey and Christopher Golden recently filed class-action lawsuits against Meta Platforms (parent company of Facebook) and ChatGPT maker OpenAI (backed by Microsoft Corp.) for...more

Dorsey & Whitney LLP

Russia, Neighbors, and a Copyright-protected Social Media Post = Fair Use?

Dorsey & Whitney LLP on

​​​​​​​What additional value does a copyright registration confer on a run-of-the-mill neighborhood social media post? Not a lot, it appears. Earlier this year, the First Circuit affirmed the dismissal of a lawsuit...more

Proskauer - Minding Your Business

Federal Judge Finds Copyright Issues “Embedded” in Social Media Re-Posts

Judge Jed Rakoff of the Southern District of New York recently denied a motion to dismiss in a copyright dispute involving the unlicensed “embedding” of a social media video. In doing so, the court explicitly and definitively...more

Proskauer - New Media & Technology

Another NY Court Repudiates Ninth Circuit “Server Test” in Case over Embedded Video

On July 30, 2021, a New York district court declined to dismiss copyright infringement claims with respect to an online article that included an “embedded” video (i.e., shown via a link to a video hosted on another site). ...more

Royer Cooper Cohen Braunfeld LLC

The Shaky Ground of Unauthorized Embedding

A series of recent cases and settlements involving the unauthorized embedding of images into third-party online content have called into question long-held assumptions that embedding did not infringe upon a copyright holder’s...more

McAfee & Taft

Navigating the social media maze of copyright

McAfee & Taft on

As 2020 marches on, companies continue to focus on social media and other online forms of marketing and advertising to connect with their customers. Unfortunately, by advertising and connecting through social media, companies...more

Hogan Lovells

Tom Kabinet: CJEU rules resale of e-books requires permission of copyright holder

Hogan Lovells on

The CJEU in its Tom Kabinet judgment has ruled that the supply of e-books qualifies as “an act of communication to the public” under the InfoSoc Directive instead of “a distribution to the public” as is the case with physical...more

Dorsey & Whitney LLP

A Man Walks into a Bar...And Fair Use Is Found

Dorsey & Whitney LLP on

It is no secret about the proliferation of copyright lawsuits that have been filed over the past four years over the unauthorized use of photos online, many against media companies that seek to shield themselves from...more

Dorsey & Whitney LLP

Déjà vu as EU court revisits online platform liability for infringing content uploaded by users

Dorsey & Whitney LLP on

The European Union’s highest court will have another opportunity to consider the issue of the liability of online platforms for copyright infringing content uploaded and shared by users. Two referrals from national courts...more

Fenwick & West LLP

Online Publishers Beware: An iPhone Snap May Go Viral, but Unauthorized Commercial Use is Still Not Fair Use

Fenwick & West LLP on

When nuptials are celebrated at Trump National Golf Club in New Jersey, the newlyweds may be in for a surprise when the owner drops by to provide a photo op for the wedding party. Such an act in 2017 yielded a snapshot of...more

Hogan Lovells

German Federal Court of Justice submits copyright dispute over YouTube to CJEU

Hogan Lovells on

This week, copyright is all over the place. After the European Parliament voted on proposed copyright reform in Europe last Wednesday (12 September 2018), the long-awaited decision of the German Federal Court of Justice (BGH)...more

Orrick, Herrington & Sutcliffe LLP

Intellectual Property - Copyrights - The World in US Courts: Spring 2018

Spanski Enters., Inc. v. Telewizja Polska, S.A., US Court of Appeals for the District of Columbia Circuit, March 2, 2018. The Carsey-Werner Co., LLC v. British Broadcasting Corp., US District Court for the Central District...more

Proskauer - New Media & Technology

Know Thy Software Vendor: Website Operator Cannot Sidestep Copyright Infringement Claims over Link to Allegedly Infringing...

Last month, a New York district court refused to dismiss most of the copyright infringement claims asserted against a website operator based on an allegation that the website linked to an infringing copy of plaintiff’s...more

BakerHostetler

Judge Halts Pornographer’s Subpoenas Against Potential Infringers Identified Through IP Addresses

BakerHostetler on

Online content providers continue to struggle with the challenge of copyright infringement by BitTorrent users. One of the most aggressive tacks is the one taken by Malibu Media, which, after instituting over 4,500 lawsuits...more

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