Statute
DMCA
174 published works
The IP Law Blog
Authors Get Mixed Results With Initial Skirmish in OpenAI Lawsuit
OpenAI, Inc. develops artificial intelligence software involving large language models (“LLM”) known as ChatGPT. In 2023, several authors, including the comedian Sarah Silverman, filed putative class action lawsuits alleging various…
Cleary IP and Technology Insights
Fourth Circuit Vacates $1 Billion Damages Award in Music Piracy Lawsuit
By Angela Dunning, Brendan J. Cohen, Arminda Bepko
Last week the Fourth Circuit reversed a $1 billion copyright verdict against an internet service provider and ordered a new trial on damages allegedly arising from illegal music downloads by…
Incontestable Blog
Failure to Follow DMCA’s Safe Harbor Procedures Does Not Create Affirmative Cause of Action
By Jonathan Uffelman Margaret A. Esquenet
The Western District of Wisconsin recently held that an internet service provider (“ISP”), cannot be held liable for claims that that ISP failed to follow the Digital Millennium Copyright Act’s…
Minding Your Business
Amazon Acts Against DMCA Abuse
By David Munkittrick, Peter Cramer
Competition between Amazon’s third-party merchants is notoriously fierce. The online retail giant often finds itself playing the role of referee, banning what it considers unfair business practices (such as offering…
Cokato Copyright Attorney: The Law Blog of Thomas James
Copyright Registration and Management Services
By Thomas James
In the United States, as in most countries, it is possible to own a copyright without registering it. Copyright registration is not a prerequisite to copyright protection. Rather, a copyright…
Constitutional Law Prof Blog
Digital Millennium Copyright Act Doesn’t Violate Free Speech, D.C. Circuit Rules
Steven D. Schwinn, University of Illinois Chicago School of LawThe D.C. Circuit ruled this week that the DMCA doesn't violate the First Amendment rights of an inventor who wanted to…
Dewey B Strategic
Lex Machina Launches Legal Analytics for New Practice Area: Internet Law
By Jean O'Grady
Today Lex Machina and LexisNexis announced the official release of a new topical area of analytics -- Internet Law. This new federal practice area includes data for any case with…
Gender and the Law Prof Blog
Amanda Levendowski on “Defragging Feminist Cyberlaw”
By Jamie Abrams
Amanda Levendowski has posted a forthcoming article, Defragging Feminist Cyberlaw, on SSRN. The article is forthcoming in volume 37 of the Berkeley Tech. L. J. in 2023. The abstract explains: In…
New Media and Technology Law Blog
Unmasking Anonymous Copyright Infringers: Where the DMCA, First Amendment, and Fair Use Meet
Can internet service providers necessarily be compelled to unmask anonymous copyright infringers? In an opinion touching on Digital Millennium Copyright Act (DMCA) subpoenas, First Amendment concerns, and fair use, the…
The IP Law Blog
The Briefing by the IP Law Blog: DMCA – The Right to Repair and More new Exemptions
By Scott Hervey
In this episode of the Briefing from the IP Law Blog, Scott Hervey and Josh Escovedo discuss the U.S. Copyright Office’s new exemptions to the DMCA. Listen to the podcast version of this episode on…