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Perkins Coie

Does Copyright Law Preempt Contractual Provisions Imposing AI-Related Usage Restrictions on Content?

Perkins Coie on

The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues. Website operators in particular are increasingly seeking to use their online...more

Levenfeld Pearlstein, LLC

A Picture Is Worth a Thousand Words (and Potentially Thousands of Dollars in Statutory Damages)

In the time it took you to read this far, a new website was built (per Siteefy, a new site goes live every three seconds). More than 70% of all businesses have a website, and there are more than 600 million blogs on the...more

ArentFox Schiff

Emerging Businesses and Venture Capital in 2024: 10 Hot Topics for Founders, Investors, and Executives of Emerging Companies

ArentFox Schiff on

2023 was a pivotal year for the emerging companies, creating new categories of winners and losers across the board. Emerging companies incorporating artificial intelligence or that have clear line of sight to positive cash...more

Davis Wright Tremaine LLP

"Server Test" Is Reaffirmed (For Now) in Hunley v. Instagram, LLC

On July 17, 2023, in Hunley v. Instagram, LLC, No. 22-15293, the Ninth Circuit reaffirmed the "server test," which protects websites from copyright liability for embedding images that are hosted on another website's server....more

Venable LLP

Embedded Instagram Content Passes the Server Test, According to Ninth Circuit

Venable LLP on

On July 17, 2023, the Ninth Circuit affirmed the applicability of the "Server Test" to embedded content on third-party sites and affirmed dismissal of a copyright action in favor of defendant, social media platform Instagram....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

Smart & Biggar

Federal Court of Appeal upholds the validity of Canada’s first anti-piracy site-blocking Order

Smart & Biggar on

On May 26, 2021, the Federal Court of Appeal issued its decision in Teksavvy Solutions Inc v Bell Media Inc et al, 2021 FCA 100, upholding the Federal Court’s order in Bell Media Inc. et al v Goldtv.biz et al., 2019 FC 1432...more

Fenwick & West LLP

Advanced Copyright Issues On The Internet - UPDATED September 2020

Fenwick & West LLP on

During recent years, the Internet has become the basic foundational infrastructure for the global movement of data of all kinds. With continued growth at a phenomenal rate, the Internet has moved from a quiet means of...more

International Lawyers Network

Copyright law update – proposed amendments to website blocking laws

The Copyright Amendment (Online Infringement) Act 2018 (Act) which passed both Houses of Parliament on 28 November 2018, and is due to commence the day after it receives Royal Assent, amends section 115A of the Copyright Act...more

BCLP

Second Circuit Punts on In-Line Linking Appeal

BCLP on

The Second Circuit denied an interlocutory appeal in a high stakes copyright case that is being closely watched by both photographers and media companies around the country, sending key issues in the case back to the district...more

Fox Rothschild LLP

Shifting Law On Embedded Content

Fox Rothschild LLP on

We do it all the time, but is it legal? Maybe. Maybe not. Embedding content from one source, e.g., a website, into another source, e.g., another website, is not uncommon. News sites embed photographs from Instagram,...more

Dorsey & Whitney LLP

If This Copyright Law Post Mentions Hamilton, You’re More Likely to Read It

Dorsey & Whitney LLP on

This post is about Hamilton. Well, sort of. It’s actually about copyright law. But keep reading!...more

Proskauer - New Media & Technology

Controversial “Gripe Site” Protected (Again) by the Communications Decency Act and Defeats Novel Copyright Attack with Website...

The controversial consumer gripe site, RipoffReport.com, is at it again. The First Circuit recently affirmed a lower court’s ruling that RipoffReport.com was entitled to immunity under Section 230 of the Communications...more

Sheppard Mullin Richter & Hampton LLP

Eleventh Circuit Joins Split Court Decisions on Registration Precondition for Copyright Suits

Section 411(a) of the Copyright Act generally requires copyright registration, or a refusal of registration, before a copyright action may be filed. This has led to a variety of decisions from the Circuit and District Courts...more

Womble Bond Dickinson

Best Practices for Using Third-Party Content on Your Company’s Website

Womble Bond Dickinson on

Does your company’s website include or link to third-party content? If so, there are potential legal issues that may arise under copyright law and website terms of use that can be minimized or avoided by implementing some...more

Fenwick & West LLP

Litigation Alert: Ninth Circuit Rules on Copyright Preemption of Right-of-Publicity Claims

Fenwick & West LLP on

Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

Poyner Spruill LLP

New Electronic System for DMCA Safe Harbor Agent

Poyner Spruill LLP on

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

Bennett Jones LLP

9th Circuit Confirms Duties for Posting DMCA Takedown Complaints

Bennett Jones LLP on

As Canada begins to settle in with the new “notice and notice” provisions under the Copyright Act (Canada) which came into force January 2, 2015, copyright owners in Canada still need to address infringing content posted on...more

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