Statute
DMCA
174 published works
The Trademark Blog
Report re Use of DMCA In Political Campaigns
Center For Democracy & Technology: "Campaign Takedown Troubles": This report documents the extent to which overly aggressive copyright claims under the Digital Millennium Copyright Act have inappropriately stifled political speech…
IP Law Chat
Ninth Circuit Addresses “Owner vs. Licensee” Determination in Applying First Sale Doctrine
By Stacia Lay
On June 7, 2010, the Ninth Circuit heard oral argument in Seattle in three cases that, to one degree or another, raise important questions regarding the meaning of the term…
Pravel IP Law Blog
US Copyright Office Approves "Jailbreaking" Wireless Handsets
By Jim Pravel
Under 17 USC Section 1201(a)(1), the Librarian of Congress is required every three years to determine whether there are any classes of works that are exempted from the prohibition against…
Broadcast Law Blog
Copyright Royalty Board Approves Settlement for Sound Recording Royalty Rates for “New Subscription Services” – Any Hints As to What A Broadcast Performance Royalty Would Be?
The Copyright Royalty Board has announced its approval of new sound recording performance royalties for "new subscription services", i.e. music services provided to the customers of cable or satellite television…
The Trademark Blog
DMCA ‘Interference’ With Copyright Is Not Copyright Infringement
Actors' Equity Association apparently polices YouTube on behalf of its actor members. Plaintiff uploaded a video and AEA sent a DMCA notice, erroneously believing that the uploading was without authorization…
Media Law Prof Blog
Evaluating the Effectiveness of Takedown Notices Under the DMCA
Michael Murtagh, University of California Hastings College of the Law, has published "The FCC, the DMCA, and Why Takedown Notices are Not Enough," at 61 Hastings Law Journal 233 (2009). Here…
The Trademark Blog
Question For Discussion: The Ralph Lauren DMCA As Object Lesson
Ralph Lauren ran a photo of a model that seems obviously re-touched (the photo, not the model). A website ran the photo in order to ridicule it. Ralph Lauren sent…
The Trademark Blog
This Photo Was Reportedly The Subject of a DMCA Notice
A website named Photoshop Disasters reproduced a Ralph Lauren magazine ad. Boing Boing ran the photo. Ralph Lauren's attorneys sent a DMCA notice. Boing Boing reported on the letter and…
Broadcast Law Blog
Court of Appeals Determines that Launchcast is Not an Interactive Service – Thus Not Needing Direct Licenses From the Record Labels
The question of when a digital music service is “interactive” and therefore requires direct negotiations with a copyright holder in order to secure permission to use a sound recording is a…
Game Counsel
In-Game Monitoring May Create Exposure to Copyright Liability Claims
In a traditional online game, users are required to abide by the Terms of Use ("TOU"). Companies, cognizant of the fact that not everyone will comply with the TOU, implement various…