U.S. Supreme Court Narrows Secondary Liability in Copyright Law–Cox v. Sony (Guest Blog Post)
…(b), (c), and (d) safe harbors, a service provider must comply with the “notice-and-takedown” provisions in section 512(c). (Notably, internet access providers like Cox are not required to comply with…
Will Lower Courts Find Ways Around Cox v. Sony? You Betcha
…wonder if the Ninth Circuit will find this judge’s doctrinal contortions persuasive. Note that Twitter could still theoretically defeat the direct infringement claim using the DMCA 512(c) safe harbor. However,…
Do DMCA Takedown Notices Need to Expressly Refer to the Lack of Fair Use?–Take-Two v. PlayerAuctions
…Without evidence of harm, the Defendants cannot satisfy the damages requirement of Section 512(f).” Prior Posts on Section 512(f) * Does 512(f) Apply Differently to Counternotices Compared to Takedown Notices?…
Does 512(f) Apply Differently to Counternotices Compared to Takedown Notices?
…GoPlus * 512(f) Claim Sent to Trial (Which Didn’t Happen)–Leszczynski v. Kitchen Cube * 512(f) Doesn’t Support Preliminary Injunction–BViral v. TheSoul * In 512(f), the “F” Stands for “Futility”–Shaffer v….
What Does a Hologram Trademark Signify When the Hologram Isn’t There?–Upper Deck v. Pixels
…court needed to correct. Related posts * DMCA 512(c) Helps Redbubble Defeats Copyright Lawsuit–Wallshoppe v. Redbubble * Print-on-Demand Service Defeats Fish Illustrator’s Copyright Claim–Tomelleri v. Sunfrog * Print-on-Demand Services Face…
A Religious Organization is Suing its Critics, and the Weapon of Choice is Copyright—RRT v. Cheryl Bawtinheimer (Guest Blog Post)
…owners must consider fair use before filing DMCA takedowns; failing to do so is a material misrepresentation which can mean damages and attorneys’ fees under § 512(f). And then there’s…
Photobucket’s Attempted TOS Amendment Mostly Fails–Pierce v. Photobucket
…Colo. March 10, 2026). CourtListener page. Other posts about Photobucket Photobucket Qualifies for the 512(c) Safe Harbor (Again)–Wolk v. Kodak Photo Hosting Site Gets DMCA 512 Safe Harbor–Wolk v. Photobucket…
A First-Hand Look at the Messy Underbelly of DMCA 512(c) Takedowns
…We already know that 512 is a cesspool of bogus takedown notices that 512(f) has failed to curb. This particular incident is at most a mildly interesting example demonstrating those…
Pre-Publication Content Moderation Can Disqualify Services from the DMCA 512(c) Safe Harbor–McGucken v. ShutterStock
…opinion, and the next Second Circuit panel to address Section 512(c) compounds Section 512(c)’s complexity and undermines 512(c) for any service that prescreens content. (Note: the Second Circuit did the…
Fair Use Blocks Privacy-Motivated Copyright Lawsuit–MCM v. Perry
…successful 512 takedown. 512 doesn’t eliminate those lawsuits; instead, 512(h) facilitates such lawsuits by helping copyright owners unmask the uploader. Nevertheless, the incremental value of a copyright infringement lawsuit after…