The BWP Media case highlights the importance of having certain requirements in connection with the operation of a website to protect the website owner from copyright infringement for material posted by third parties under the Digital Millennium Copyright Act (DMCA). In this case, … [Read more...] about DMCA Safe Harbor Requires Registered Agent with Copyright Office – BWP Media USA Inc. v. Hollywood Fan Sites LLC
No Copyright Safe Harbor Under DMCA for ISPs for Pre-1972 Sound Recordings
The highest State Court in New York held that the Digital Millennium Copyright Act (“DMCA”) safe harbor protections do not apply to pre-1972 sound recordings. UMG Recordings, Inc. v. Escape Media Group, Inc., Case No. 100152/10, 9099 (NY App. Div. 1, April 23, 2013) (available … [Read more...] about No Copyright Safe Harbor Under DMCA for ISPs for Pre-1972 Sound Recordings
YouTube Wins Against Viacom In Copyright Infringement Lawsuit
Last month, the Southern District Court of New York dismissed Viacom International’s complaint, finding that YouTube was not liable for copyright infringement of copyrighted videos appearing on YouTube.com. Viacom International, Inc. v. YouTube, Inc., Case No. 07-cv-02103-LLS … [Read more...] about YouTube Wins Against Viacom In Copyright Infringement Lawsuit
Safe Harbor For ISPs And Disappointment For Content Providers
The Ninth Circuit held that a defendant who operates a public website that enables users to share videos is protected from copyright infringement under the “safe harbor” provisions of the Digital Millennium Copyright Act (“DMCA”). UMG Recordings, Inc. v. Shelter Capital Partners … [Read more...] about Safe Harbor For ISPs And Disappointment For Content Providers
BitTorrent ISP Liable For Contributory Copyright Infringement
The Ninth Circuit Court of Appeals affirmed judgment for film studio plaintiff (Columbia) because defendant ISP’s website used BitTorrent peer-to-peer download and induced third party users to download infringing materials of Columbia’s copyrighted films. Columbia Pictures … [Read more...] about BitTorrent ISP Liable For Contributory Copyright Infringement
Quickly Correcting Anti-Cybersquatting Violation after Demand Avoids Monetary Damages and Injunctive Relief
The 11th Circuit Court of Appeals, in Pensacola Motor Sales Inc. v. Eastern Shore Toyota, LLC, --- F.3d ----, 2012 WL 2345117 (11th Cir.) (Available here), upheld a district court’s finding that defendant Eastern Shore had both a subjective belief and an objectively reasonable … [Read more...] about Quickly Correcting Anti-Cybersquatting Violation after Demand Avoids Monetary Damages and Injunctive Relief
Willfully Blind Acts Establish Copyright Infringement Piercing DMCA Immunity for Website Host Provider
The Second Circuit Court of Appeals in New York has ruled that Internet service providers cannot turn a blind eye (be willfully blind) to users who post copyrighted content on the provider’s website. This appellate court decision diminishes the service provider’s immunity under … [Read more...] about Willfully Blind Acts Establish Copyright Infringement Piercing DMCA Immunity for Website Host Provider
