Instagram Defeats Copyright Claim Over Its Embedding Feature–Hunley v. Instagram

…has insufficient “volition” for the copies made by its servers; or perhaps Instagram can claim the 512 safe harbor for any embedded user-uploaded files (but the 512 safe harbor also…

Satirical Depiction in YouTube Video Gets Rough Treatment in Court

512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared Since 2017? (Spoiler: Not Well) * Another Section 512(f) Case Fails–ISE v. Longarzo * Another 512(f) Case Fails–Handshoe…

Announcing the 2021 Edition of My Internet Law Casebook

…v. CSC (2d Cir.) MGM Studios v. Grokster (Sup. Ct.) Secondary Liability Review: 17 U.S.C. §512 [http://www.copyright.gov/title17/92chap5.html#512] Section 512(c) Cheat Sheet UMG v. Shelter Capital (9th Cir. revised opinion) Recap…

A Summary of the Copyright Claims Board (CCB) [Excerpt from my Internet Law casebook]

…Office is in the process of developing the CCB’s regulations). The CCB can only hear cases over the infringement or noninfringement of works and 512(f) claims (discussed later). The Copyright…

1H 2021 Quick Links, Part 1 (IP)

…that Defendant’s use of the material was anything other than fair * Stebbins v. Polano, 2021 WL 2682339 (N.D. Cal. June 30, 2021): Dismissing a 512(f) claim: “Plaintiff alleges that…

YouTube Defeats Lawsuit Over Threatening Content–Wells v. YouTube

…shield Defendant from liability for those alleged violations.” Hmm…I’d like to hear more about this in light of Section 230’s exclusion for intellectual property claims. Was it a 512(f) claim?…

RedBubble Gets Another Favorable Ruling–YZ Productions v. RedBubble

…Publishing v. Zazzle * CafePress May Not Qualify For 512 Safe Harbor – Gardner v. CafePress * Cafepress Suffers Potentially Significant Trademark Loss for Users’ Uploaded Designs * Life May…

Broadcaster Fails to Enjoin YouTube–Kifle v. YouTube

…using YouTube’s NOCI forms (so maybe his notice didn’t comply with 512(c)(3)’s requirements?). He also claims other YouTube users are using his Mejera trademark. The court rejects his request for…

Deconstructing Justice Thomas’ Pro-Censorship Statement in Knight First Amendment v. Trump

…prohibit the company from speaking or force the company to endorse the speech. See Turner Broadcasting System, Inc. v. FCC, 512 U. S. 622, 684 (1994) (O’Connor, J., concurring in…

512(f) Preempts Tortious Interference Claim–Copy Me That v. This Old Gal

…Heldman * Another 512(f) Claim Fails–Ningbo Mizhihe v Doe * Video Excerpts Qualify as Fair Use (and Another 512(f) Claim Fails)–Hughes v. Benjamin * How Have Section 512(f) Cases Fared…