Posts Tagged: "digital millennium copyright act"

Getty Images Wins Summary Judgment in Copyright Case Over Press Photographs

This case stems back to a complaint filed by Zuma Press in August 2016, a few months after Getty displayed and offered thousands of images for commercial use that were credited to Les Walker. However, the 47,048 images making up that collection were either once owned or licensed by Zuma. Zuma requested that Getty take down the images in May and Getty complied after having earned less than $100 in total revenues for those pictures. In its lawsuit, Zuma and the other plaintiffs alleged that had committed copyright infringement and violated the integrity of copyright management information under Section 1202 of the Digital Millennium Copyright Act (DMCA) for intentionally altering the copyright attribution information embedded in those images.

Judge Allows Copyright Claim by Mural Artist to Proceed Against General Motors

U.S. District Judge Stephen V. Wilson of the Central District of California recently issued an order granting-in-part and denying-in-part a motion for summary judgment made by Detroit, MI-based automaker General Motors in a copyright case brought by a Swedish artist who painted a street mural which GM used in its marketing materials. Although Judge Wilson granted summary judgment in favor of GM on the plaintiff’s Digital Millennium Copyright Act (DMCA) and punitive damages claims, the artist’s claim for copyright infringement has been allowed to proceed to trial.

Protecting Innovation During the 3D Revolution

Innovators often face the question of how to best protect their new ideas.  Patents immediately come to mind for new products and processes.  However, copyright protection should also be considered.  While patent protection is limited to the claims in a particular patent, copyright protection can be broader, particularly where 3D works of art are concerned.  Additionally, copyright protection may provide some protection where a 3D rendering is made of a known 2D work.

Copyright and Fair Use in the Age of YouTube

The opinion acknowledges, in a footnote on page 3, that videos of the type that the Klein’s created, is not unique. Instead, it is part of a growing genre of “reaction videos” in which portions of an original video are interspersed with commentary to create a new creative work… Luckily for the Kleins, their fans were ready and willing to create a legal fund for their use. YouTube has also taken action to protect some content creators subject to false DMCA notices. However, with over 800 unique users, and over 100 hours of new videos being uploaded every minute, clearly YouTube cannot be required to protect all of its content creators from false copyright infringement allegations. In light of this decision, perhaps we are approaching a time where reconsideration, and revision, of the DMCA, is warranted.

Innovators and Content Creators Urge USTR Lighthizer to Fight for Strong IP in NAFTA Negotiations

ACTION for Trade asks Lighthizer to consider advocating for strong IP protections and robust enforcement to benefit a diverse group of industries, including digital content producers and distributors, biopharmaceutical firms and software developers… Along with strong patent policy, ACTION for Trade calls for the establishment of regulatory data protection (RDP) provisions which are consistent with U.S. law, especially where medical innovations are concerned. The letter to USTR Lighthizer notes that U.S. law recognizes a 12-year period of RDP for biologic treatments and a 5-year period of RDP for small molecule treatments. Such provisions would allow the original innovators of novel medicines to submit data on the safety and efficacy of medicines while shielding that data from others who might produce generics based on the data.

No DMCA safe harbor for Cox’s 13-strike policy for terminating repeat infringers

On February 1, 2018, the U.S. Court of Appeals for the Fourth Circuit issued a decision in the case, BMG Rights Management LLC v. Cox Communications, Inc. The Fourth Circuit affirmed in part the district court’s granting of summary judgment to BMG on the § 512(a) Digital Millennium Copyright Act (DMCA) safe harbor defense. Ultimately, the Fourth Circuit agreed with the district court’s decision that Cox was not entitled to the safe harbor defense, finding that Cox’s 13-strike policy for repeat infringers was effectively no policy at all, and far less than the termination policy required in order to maintain safe harbor protections.

DMCA 2017: 9th Cir. decides safe harbor, anti-circumvention cases

In 2017, there were several noteworthy decisions relating to the Digital Millennium Copyright Act (DMCA). Specifically, the Ninth Circuit addressed two separate cases, one dealing with safe harbor provisions, the other on anti-circumvention. This article discusses three separate decisions including Mavrix Photographs LLC v. LiveJournal Inc., 873 F.3d 1045 (9th Cir. 2017)(on DMCA safe harbor), and Disney Enterprises, Inc. v. VidAngel, Inc., 869 F.3d 848 (9th Cir. 2017)(anti-circumvention provisions).

Video Game Companies Seek DMCA Exemption for Online Video Game Preservation

Every three years the U.S. Copyright Office analyzes whether to revise and/or renew the Digital Millennium Copyright Act (DMCA) anti-circumvention provision. The latest triennial rulemaking review under the DMCA relating to anti-circumvention provisions began on June 30, 2017, when the Copyright Office published a Notice of Inquiry requesting petitions to renew existing exemptions, and as well as petitions for new exemptions.

5 ways companies can stay in compliance with DMCA

Understanding the Digital Millennium Copyright Act (DMCA) has become increasingly important for companies that want to protect their digital content. The DMCA was created primarily as a solution for service providers such as YouTube that host content uploaded by third parties rather than create their own original content. Service providers benefit from the DMCA because it protects them from liability in the event content uploaded to their site infringes another’s copyrights. While the DMCA addresses a number of copyright issues, the “safe harbor” provision remains one of its most important aspects.

LinkedIn files suit to stop bots from data scraping its site

LinkedIn recently filed suit in the Northern District of California against Doe Defendants for allegedly “scraping” data about its users from its website through fake profiles and software bots. LinkedIn alleges that the data scraping that was performed using fake profiles and bots was in violation of its user agreement, the Computer Fraud and Abuse Act, and the Digital Millennium Copyright Act, among other things.

Faster, Cheaper Designation of Agents to Accept DMCA Take-Down Notices

The DMCA mandated that the Copyright Office establish a registry of designated agents for service of take-down notices. The initial system now appears to have been primitive. … Beginning December 1, 2016, service providers will be able to submit and update the names and contact information for their designated agents for receipt of take-down notices using a new electronic system. What is more, the fee charged for a paper filing, $105, will be reduced to just $6 for an electronic filing, reflecting the reduced claim on Copyright Office resources to input data and maintain a reliable resource.

Using ‘Borrowed’ Images in Your Blog

An engaging image, be it a photograph or other graphic, can capture the reader’s attention and drive interest in an online post. Bloggers, especially, are well aware of the attention grabbing benefits of a great photograph or graphic. In striving to find just the right image, one may well not think twice about the apparent harmless use of a graphic poached from some obscure corner of the internet. Doing so, however, implicates a wide range of intellectual property rights governing the use of images.

Capitol Records v. Vimeo: Courts Should Stop Coddling Bad Actors in Copyright Cases

Just how much knowledge about piracy on its system does an online service provider need before it loses its safe harbor protection, which severely limits its potential liability for copyright infringement, under the Digital Millennium Copyright Act (DMCA)? In Capitol Records v. Vimeo, the Second Circuit sets the bar very high, further blurring one of most important lines in copyright law—the line between actual and red flag knowledge—and protecting a not-so-innocent service provider in the process. Worse still, the Second Circuit leaves copyright owners with little chance of a remedy in the face of rampant piracy, even against a service provider that welcomes the infringement.

Copyright Policy Should Be Based On Facts, Not Rhetoric

After nearly twenty years with the DMCA, the Copyright Office has launched a new study to examine the impact and effectiveness of this system, and voices on both sides of the debate have filed comments expressing their views. For the most part, frustrated copyright owners report that the DMCA has not successfully stemmed the tide of online infringement, which is completely unsurprising to anyone who spends a few minutes online searching for copyrighted works. Unfortunately, some commentators are also pushing for changes that that would make things even more difficult for copyright owners.

An Awareness Crusade Against the Online Piracy of Books

According to the Association of American Publishers, the publishing industry as a whole has lost $80 to $100 million dollars to online piracy annually. From 2009 to 2013, the number of e-book Internet piracy alerts that the Authors Guild of America has received from their membership had increased by 300%. During 2014, that number doubled. I’m certain that in 2016, the statistics will go even higher.