What Should Photo Repositories Do About Blackface Photos?–Thompson v. ShutterStock

…June 10, 2024). Selected Other Cases Involving ShutterStock Photo Licensing Service Qualifies for DMCA 512(c) Safe Harbor–McGucken v. ShutterStock Photo Licensing Service Qualifies for DMCA Online Safe Harbor–Steinmetz v. ShutterStock…

Plaintiffs Make Some Progress in 512(f) Cases

…they are making more progress than expected. Prior Posts on Section 512(f) * 512(f) Doesn’t Restrict Competitive Gaming of Search Results–Source Capital v. Barrett Financial * 512(f) Once Again Ensnared…

New Essay Comparing “Due Process” Approaches in the DMCA and DSA

…Act (DMCA) created online safe harbors (17 USC 512) that provide several due process-like protections for user-authors. This essay identifies some of those due process elements, compares them to the…

Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog

…Print-on-Demand Website–Harley Davidson v. SunFrog * DMCA Safe Harbor Doesn’t Protect Zazzle’s Printing of Physical Items–Greg Young Publishing v. Zazzle * CafePress May Not Qualify For 512 Safe Harbor –…

Print-on-Demand Services Face More Legal Woes–Canvasfish v. Pixels

…such a broad principle. DMCA Safe Harbor. The court says Pixels’ 512(c) defense isn’t apparent on the face of the plaintiff’s complaint. Publicity Rights. Among other things, Pixels argued that…

Reaction Videos Are Fair Use–Thiccc Boy v. Swindelles

…appears to be gone). Swindelle made and posted reaction videos to YouTube that included portions of Thiccc Boy’s podcasts. Thiccc Boy sent 512(c)(3) takedown notices to YouTube; Swindelles counternoticed. Thiccc…

Internet Access Providers Can Be Contributorily Liable for Subscribers’ Infringements–Sony Music v. Cox

…DMCA drafters. 512(f) Has Failed. Cox restricted MarkMonitor to stem its flood of dubious NOCIs. 512(f) was supposed to prevent such tidal waves by ensuring that rightsowners did their homework…

The European Union’s Digital Services Act: In Force from This Saturday, February 17, 2024, Including for U.S. Intermediaries (Guest Blog Post)

…legislation on intermediaries is an avant-garde, progressive innovation that leaves behind the outdated U.S. sections 230 and 512 is, understandably, subject to debate. Because it applies to all intermediaries that…

Atari’s Lawsuit Against a Print-on-Demand Service Fizzles Out–Atari v. Printify

…Not Qualify For 512 Safe Harbor – Gardner v. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May Be “Rad,” But This Trademark Lawsuit…

N.D. Cal. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v. YouTube Schedule A Defendants

…DRM to explain its bases for jurisdiction and joinder or else the case will fall apart. Jurisdiction. Four defendants submitted 512(g) counternotifications and thus agreed to jurisdiction in YouTube’s home…