BitTorrent ISP Liable For Contributory Copyright Infringement
The Ninth Circuit Court of Appeals affirmed judgment for film studio plaintiff (Columbia) because defendant ISP’s website used BitTorrent peer-to-peer download and induced third party users to download...
View ArticleSafe Harbor For ISPs And Disappointment For Content Providers
The Ninth Circuit held that a defendant who operates a public website that enables users to share videos is protected from copyright infringement under the “safe harbor” provisions of the Digital...
View ArticleYouTube Wins Against Viacom In Copyright Infringement Lawsuit
Last month, the Southern District Court of New York dismissed Viacom International’s complaint, finding that YouTube was not liable for copyright infringement of copyrighted videos appearing on...
View ArticleNo Copyright Safe Harbor Under DMCA for ISPs for Pre-1972 Sound Recordings
The highest State Court in New York held that the Digital Millennium Copyright Act (“DMCA”) safe harbor protections do not apply to pre-1972 sound recordings. UMG Recordings, Inc. v. Escape Media...
View ArticleDMCA Safe Harbor Requires Registered Agent with Copyright Office – BWP Media...
The BWP Media case highlights the importance of having certain requirements in connection with the operation of a website to protect the website owner from copyright infringement for material posted by...
View ArticleFair Use Must be Considered Prior to Sending a DMCA Takedown Notice
In Lenz. v. Universal Music Corp., No.13-16106 (9th Cir. Sept. 2015) (Available Here), the Court held that prior to sending a takedown notification under the Digital Millennium Copyright Act (“DMCA”),...
View ArticleDMCA Takedowns Must Consider Fair Use – Automation Optional
The California Federal Appeals Court, by amending its earlier decision, dropped its language regarding wether an automated program can determine fair use of third-party uploaded content. In Lenz v....
View ArticleDMCA Safe-Harbor Immunizes ISP Irrespective of Employees’ Knowledge of...
The Court of Appeals for the Second Circuit (New York) held that the ISP website owner who had a DMCA takedown process but whose employees had personal knowledge that some third-party posted videos did...
View ArticleRemoving Photographer Id and Re-Posting Pictures Violates DMCA
The U.S. District Court dismissed a copyright infringement claim because photographer Gattoni had not registered his photos, but permitted Gattoni’s claim under 17 U.S.C. Section 1202(b), the Digital...
View ArticleScraping Publicly Available Data Does Not, in a Preliminary Injunction...
The U.S. District Court for the Northern District of California, granted HiQ’s motion for preliminary injunction, prohibiting LinkedIn from changing its access code to block HiQ’s efforts to scrape...
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