Tag Archives: DMCA

UGC Uncertainty Consternation Continues

Amended 9th Circuit Decision Does Not Clarify the Extent to Which Service Providers Can Manually Screen for Inappropriate User Content In April 2017, the 9th Circuit Court of Appeals startled online service providers that allow users to post content (known as UGC, or user-generated content), by holding that the use of moderators to screen out … Continue Reading

Renew It or Lose It: New Rules Set for DMCA Safe Harbor Protection

Effective December 1, 2016, nearly five years after issuing an initial notice of proposed rules, the U.S. Copyright Office will be implementing new rules intended to govern the designation and maintenance of Digital Millennium Copyright Act (DMCA) agent information under a new electronic system. This is a significant action by the Copyright Office, for at … Continue Reading

Fox News LLC v. TVEyes, Inc.—Does the Courts’ Expansion of Fair Use Copyright Protection Promote the “Progress of Science and useful Arts” When It Requires Increasing Judicial Oversight Over Activities That Otherwise Would Be Regulated By the Marketplace?

In 2014, when District Court Judge Alvin Hellerstein of the Southern District of New York upheld TVEyes, Inc.’s (“TVEyes”) monitoring service as “fair use” in the face of a copyright infringement claim brought by Fox New Network LLC (“Fox News”),[1] the decision was seen as yet another step in the federal courts’ limitations of the … Continue Reading

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 notice under the Digital Millennium Copyright Act (“DMCA”). Moreover, a copyright owner that fails to conduct a fair use analysis prior to sending a DMCA … Continue Reading
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