Statute
DMCA
174 published works
The Brand Protection Blog
Dancing baby ruling adds a twist to DMCA Fair Use analysis
By Jeff Pettit (US), Saul Perloff (US)
Last week, the Ninth Circuit seemed to fire a warning shot across the bow of overzealous copyright holders: Before issuing a DMCA takedown notice, the copyright holder must stop to…
IP Intelligence
The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice
Yesterday the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a…
IP Intelligence
The DMCA Through the ‘Lenz’ of Fair Use: The Ninth Circuit Finds Fair Use Analysis Required Before Sending a DMCA Takedown Notice
Yesterday the Ninth Circuit issued an opinion in the heavily followed “dancing baby case,” holding that copyright owners must consider an alleged infringer’s defense of fair use before sending a…
Incontestable Blog
Ninth Circuit Rules That Copyright Owners Must Consider Fair Use Before Sending DMCA Takedown Notifications
On September 14, 2015, in what has become known as the “dancing baby case,” the Ninth Circuit held that copyright holders must consider fair use before sending a DMCA takedown…
Wills, Trusts & Estates Prof Blog
Article On Notice And Takedown Under The Digital Millennium Copyright Act
Michael Bradford Patterson (University of Georgia School of Law) recently published an article entitled, To Speak, Perchance To Have A Dream: The Malicious Author And Orator Estate As A Critique…
All About IP
Tweets Reported as Infringing Copyright Deleted by Twitter – Are Tweets Copyrightable?
By Benjamin Beck, Konstantin von Werder
The social media platform Twitter has been reportedly removing tweets at the request of users who believe their content has been wrongfully appropriated. According to Twitter user @PlagiarismBad, Twitter replaced…
Incontestable Blog
Judge Awards WordPress Owner Damages in False DMCA Takedown Case
By Margaret A. Esquenet Danielle Wright Bulger
For the first time, a magistrate judge has awarded money damages in a case involving the filing of a DMCA takedown notice with material misrepresentations. See Automattic Inc. v. Steiner,…
Incontestable Blog
Judge Awards WordPress Owner Damages in False DMCA Takedown Case
By Margaret A. Esquenet Danielle Wright Bulger
For the first time, a magistrate judge has awarded money damages in a case involving the filing of a DMCA takedown notice with material misrepresentations. See Automattic Inc. v. Steiner,…
The IP Law Blog
Will Lenz v. Universal Make Online Copyright Enforcement More Challenging for Copyright Owners
By Scott Hervey
Pending before the 9th Circuit is a case which may change the landscape for online copyright protection. The case, Lenz v. Universal, may make it more difficult for copyright owners…
All About Advertising Law
Website Owners: No Safe Harbor from Copyright Liability for Infringing Content Posted by Third Parties on Your Site If You Are Not Following DMCA Formalities
Did you know that, under the U.S. copyright law, if a third party uploads or posts copyrighted material to your website, and the third party did not have authorization to…