Redfin Defeats Copyright Claims Due to MLS License Agreement

…some active role in seeking out the content. A Tenth Circuit ruling (BWP Media USA, Inc. v. Clarity Digital Group) touched on this in the case of contractors and media…

Sideloading Service Defeats Copyright Infringement Claims–BWP v. Polyvore

…can further manipulate the photos. BWP claimed that Polyvore’s database contained at least 79 BWP photos. The court says it doesn’t need to address the DMCA safe harbors. Instead, BWP’s…

WARNING: Copyright Office Resurrects Troubling Plan To Strip Websites Of 512 Safe Harbor

…See, e.g., BWP v. Hollywood Fan Sites. As part of rolling out the electronic submission process, the NPRM proposes reducing the filing fee from $105 (or more) to $6, reflecting…

512 Safe Harbor Applies to Content Submitted By Independent Contractors–BWP v. Examiner

…contractor route. Finally, as Eric notes, it’s interesting to see courts’ skepticism towards BWP. In that sense, maybe they are the latest iteration of Perfect 10? Eric’s comments: * BWP

2H 2015 Quick Links, Part 1 (Copyright)

…he fails to state a violation of the DMCA.” * BWP Media USA v. Clarity Digital Group, 1:14-cv-00467-PAB-KMT (D. Colo. March 31, 2015). For purposes of 512(c)(1), the term “user”…

DMCA 512(c) Formalities Strike Again–BWP v. Hollywood Fan Sites

…the right thing but didn’t get still didn’t get the formalities right–reminds us how pernicious the Copyright Office’s proposal was. Case citation: BWP Media USA, Inc. v. Hollywood Fan Sites…

Q2 2015 Quick Links, Part 1 (IP, Marketing and More)

…under Section 512(h). * BWP Media USA, Inc. v. T & S Software Associates, Inc., 2015 WL 3406536 (N.D. Tex. May 27, 2015): Plaintiffs do not dispute Defendant’s contention that…

Q4 2014 & Q1 2015 Quick Links Part 8 (Copyright, Media)

…depriving him of vast sums of money to which he is entitled.” * BWP Media v. Gossip Cop Media (SDNY Jan. 26, 2015). Celebrity journalism website can’t win fair use…

Use of Iconic 9-11 Photo in TV Show’s Facebook Stream Not Fair Use

BWP Media v. Gossip Cop (use of celebrity image on “Gossip Cop” website not amenable to dismissal on the basis of fair use) and Garner v. Higgins (use of politician’s…

Lawsuit Over User-Posted Celebrity Photos Survives Dismissal–BWP v. Hollywood Fan Sites

…example of 512’s miscalibration–especially if the defendants ultimately prevail on 512 grounds. Case citation: BWP Media USA Inc. v. Hollywood Fan Sites, LLC, 2014 WL 6077247 (S.D.N.Y. Nov. 14, 2014)…