Big Fee Shift in Unsuccessful Copyright Lawsuit To Suppress Unflattering Photo–Katz v. Chevaldina
…the 512(c) notice-and-takedown scheme in contrast to Section 230’s general immunity). This probably unwarranted bias in favor of copyright owners draws censorious plaintiffs to copyright claims like an irresistible magnet….
Google Books Defeats Copyright Lawsuit Using 512(c)–Avdeef v. Google
…an interesting 512(c) ruling for at least reasons: * I can’t recall another 512(c) case where a corporation was the “user” who directed the defendant to store the material. The…
Two 512(f) Rulings Where The Litigants Dispute Copyright Ownership
…17 USC 512(f) Is Dead–Lenz v. Universal Music * 512(f) Plaintiff Can’t Get Discovery to Back Up His Allegations of Bogus Takedowns–Ouellette v. Viacom * 17 USC 512(f) Preempts State…
Is Amazon Liable For IP Violations By Its Marketplace Vendors? (Forbes Cross-Post)
…and did not originate from Amazon.” In addition, Amazon qualified for the online safe harbor for user-caused copyright infringement (17 USC 512(c)) that Congress created in 1998 as part of…
Are You Smarter Than a 2L? (Internet Law Edition)
…Under what circumstances can the web host successfully assert a 512(c) defense? a) If it prominently disclosed the identity of the agent for notice on its website b) If the…
2015 Internet Law Casebook Now Available
…Copyright Office Circular 1 Goldman’s Fair Use Cheat Sheet Cartoon Network 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] Goldman’s 512(c)…
DMCA 512(c) Formalities Strike Again–BWP v. Hollywood Fan Sites
…focuses purely on the 512(c) safe harbor’s requirement that online services designate an agent for service of notice with the Copyright Office. Defendant #1 can show that its earliest agent…
Q2 2015 Quick Links, Part 1 (IP, Marketing and More)
…language of Section 512(h) requires, as a prerequisite to issuances of a subpoena, that a copyright owner must file a notice that complies with Section 512(c)(3)(A), including that identifies the…
eBay Must Disclose User Identities In Response To 512(h) Subpoenas
…service provider could ignore any resulting 512(h) subpoenas based on those items. That ruling seemingly eviscerated 512(h) because copyright owners rarely can get 512(h) subpoenas before service providers have processed…
Q4 2014 & Q1 2015 Quick Links Part 8 (Copyright, Media)
…512(i). For example, to qualify for a § 512 safe harbor, the service provider must have in place a policy for terminating repeat infringers. § 512(i)(1)(A). Congress could not have…