Statute
DMCA
174 published works
Chicago IP Litigation
DMCA False Claims Must be Tied to Copyrighted Work
Personal Keepsakes, Inc. v. Personalizationmall.com, Inc., No. 11 C 5177, Slip Op. (N.D. Ill. Feb. 8, 2012) (Kendall, J.). Judge Kendall granted defendant’s various Fed. R. Civ. P. 12(b)(6) motions…
Ad Law Access
Appellate Court Vacates Summary Judgment for Google in Copyright Infringement Suit
By Kelley Drye
Last week the Second Circuit Court of Appeals issued an opinion in the ongoing copyright dispute between Viacom and YouTube/Google. In 2006, Viacom filed a $1 billion lawsuit against Google,…
Socially Aware Blog
Ninth Circuit Follows eBay v. MercExchange and Second Circuit on Preliminary Injunctions for Alleged Copyright Infringement
In its recent opinion in Perfect 10, Inc. v. Google, Inc., the Ninth Circuit Court of Appeals upheld a district court ruling that a copyright infringement plaintiff’s showing of likely…
Socially Aware Blog
Stir It Up: Bob Marley and Cease & Desist Letters
Section 512(f) of the Digital Millennium Copyright Act (“DMCA”) imposes liability on those who abuse the DMCA’s notice and take-down procedures by making knowingly false claims of copyright infringement. Courts have…
The Trademark Blog
3d Cir: Printed Author Credit Qualifies As Copyright Management Information Under DMCA
Defendant removed photographer's name from 'gutter credit' of photo. Plaintiff brings Sec. 1202(c) DMCA claim, namely that copyright management information (CMI) had been removed. Defendant argued that the section refers…
Media Law Prof Blog
Anonymity On the Net and the Iranian Uprising
Nassim Nazemi, Northwestern University School of Law, has published DMCA § 512 Safe Harbor for Anonymity Networks Amid a Cyber-Democratic Storm: Lessons from the 2009 Iranian Uprising in volume 106 of…
Media Law Prof Blog
The DMCA Vs. Content Filtering As An Approach To Copyright Infringement On YouTube
Amir Hassanabadi, University of California Berkeley School of Law & Berkeley Center for Law & Technology, has published Viacom v. Youtube: All Eyes Blind--The Limits of the DMCA in a…
Media Law Prof Blog
Rulemaking Under the DMCA
Arielle Rani Singh has published Agency Regulation in Copyright Law: Rulemaking Under the DMCA and Its Broader Implications in volume 26 of the Berkeley Technology Law Journal. Here is the abstract.On…
The Trademark Blog
Virtual Horses Enjoin Second Life From Enforcing Virtual Bunnies DMCA Notice Under Sec 512(f)
Northern District Cal. enjoins Second Life from removing Plaintiff's virtual horses on Second Life, subject of DMCA takedown notice sent by defendant (who alleges that plaintiff infringed its virtual bunnies…
Chicago IP Litigation
Court Allows Claims Regarding Photos of Obama Home to Proceed
Wayne Cable v. Agence France Presse, No. 01 C 8031 (N.D. Ill. July 20, 2010) (Manning, J.). Judge Manning denied defendant Agence France Presse's ("AFP") motion to dismiss plaintiff's copyright,…