Copyright & Trademark Matters Insights and Developments in Copyright and Trademark Law

Tag Archives: DMCA

OSPs: Are You Sure You Are Safely Within the DMCA Safe Harbor?

Posted in Copyright, Copyright Infringement, Digital Millenium Copyright Act, Safe Harbor

Written by: Susan Neuberger Weller The Digital Millennium Copyright Act (DMCA), signed into law October 28, 1998, added Section 512 to the US Copyright Act limiting the liability of online service providers for copyright infringement. Basically, the law exempts from liability online service providers on whose sites third-party users store, post, or otherwise place various… Continue Reading

Just Because You Can Copy It Does Not Mean That You May Copy It

Posted in Copyright, Copyright Infringement, Damages, Digital Millenium Copyright Act, Fair Use, Pinterest, Safe Harbor

Written by Susan Neuberger Weller In a number of recent cases, individual photographers have successfully sued third parties for unauthorized reproduction and use of photographs, particularly those from stock photography sources. Courts have found third party liability for willful and innocent copyright infringement for the use of individual photographs and have awarded damages to copyright… Continue Reading

Copyright Owners Using DMCA To Take Down URLs

Posted in Copyright, Copyright Infringement, Digital Millenium Copyright Act, Notice and Takedown, PIPA, SOPA

Written by Susan Neuberger Weller At a conference held June 18 at Stanford University Law School – The 9th Annual Stanford Ecommerce Best Practices Conference – it was reported that copyright holders are increasingly using the Digital Millennium Copyright Act’s (“DMCA”) notice and takedown procedures to address copyright infringement on websites.

Viacom Lives to Fight Another Day in YouTube DMCA Suit

Posted in Copyright, Copyright Infringement, Digital Millenium Copyright Act, Litigation, Red Flag Knowledge, Safe Harbor, Willful Blindness

Written By Joseph M. DiCioccio The Second Circuit has vacated District Court (S.D.N.Y.) Judge Louis L. Stanton’s June 2010 dismissal of Viacom’s $1 billion copyright infringement suit against YouTube.  In a thorough opinion, the Second Circuit remanded the case to the district court for further consideration of several key aspects of the case, including whether executives… Continue Reading

Pinterest Announces Changes To Its Terms Of Service

Posted in Copyright, Copyright Infringement, Pinterest

Pinterest, the latest social media craze, announced on Friday night in an email to users that it intended to make certain changes to its Terms Of Service.  The changes will not go into effect until April 6, 2012.  Pinterest has come under fire for allowing (or arguably encouraging) its users to infringe the copyrights of others… Continue Reading