DMCA
9th Circuit: Fair Use Must Be Weighed Before Issuing DMCA Notice
In a decision of particular interest to adult content and tube site owners, the 9th U.S. Circuit Court of Appeals has found that copyright owners must consider the fair use doctrine before sending Digital Millennium Copyright Act takedown notices to online hosts.
Legal Reality: DMCA Takedown Notices, Requirements
Recently I have received a lot of requests from our readers regarding the requirements for a proper DMCA takedown notice. For those not familiar with a DMCA (Digital Millennium Copyright Act) takedown notice, it is a communication that is sent to an online service provider (OSP) by a party that owns or controls the copyright in a work that the party believes is being infringed on a website or via an online service controlled by the service provider.
Pepper Law Warns of Need to Register DMCA Agents
Adult website operators seeking to operate under DMCA “safe harbor” exemptions need to ensure they are following the law precisely, in the wake of a recent court decision.
DMCA Evolution: Forum Solicits Input on Possible Changes to Notice and Takedown Procedures
The Digital Millennium Copyright Act’s (DMCA) “notice and takedown” procedure and the attendant “safe harbor” protections afforded to service providers often spark controversy and debate
DMCA Force Submits Seminar Entry for 2014 SXSW
Intellectual property-rights enforcement service DMCA Force is hoping to be chosen for a piracy session at Austin's SXSW next year.
Pink Visual Appeals DMCA Decision in Motherless Case
Pink Visual on Wednesday filed an appeal with the 9th U.S. Circuit Court of Appeals over a federal court ruling last month that granted summary judgment to adult tube site Motherless.com.
DMCA, Safe Harbor — Tube Sites Take Note
On March 14, the 9th U.S. Circuit Court of Appeals handed down an important ruling for companies that operate websites that allow users to upload content for display, as well as for content producers whose material is uploaded to such sites without their permission.
The Proper DMCA Takedown Notification
On October 28, 1998, President Bill Clinton signed into law the Digital Millennium Copyright Act (the “DMCA”). Since becoming valid law, the DMCA has been controversial to say the least, with many demanding reform. For many in the adult industry, the DMCA has been helpful and beneficial in intellectual property protection while others in the adult industry feel that the DMCA provides too much protection and has allowed “content pirates” to abuse the DMCA for its own financial gains.
DMCA: The Porn Industry’s Worst Nightmare
For porn studios, no law pertaining to intellectual property rights seems more inequitable than the U.S. Digital Millennium Copyright Act (DMCA).
DMCA Safe-Harbor Burden is Global
Our law firm is often asked by clients, and potential clients, whether they should designate a DMCA agent for their site, and how to go about doing so. While that is an important first question to ask, particularly for any site that contains material provided by third parties, it is only the beginning of a somewhat complicated analysis leading to a determination of whether a particular website can avail itself of the “safe harbor” protections against copyright infringement claims, as provided by federal law. Regardless of the geographic location of the website involved, compliance with U.S. DMCA safe harbor obligations is becoming essential for global online service providers.
Vivid Makes Top 20 List of Most DMCA Notices
Chilling Effects Clearinghouse, an online resource that collects and analyzes legal complaints about online activity, has compiled a list of entities that send frequent DMCA takedown notices requesting removal of infringed content.
Perfect 10 Says Google’s DMCA Notices Infringe Copyright
As the copyright infringement battle between Perfect 10 and Google drags on, various Google supporters filed an amicus brief this week in response to Perfect 10’s attempt to keep Google from sending take down notices to an online copyright resource.
DMCA Upset: ISP Liable for Infringement
In a stunning twist of trademark infringement litigation, a federal jury in California has found two web hosting companies and their owner liable for contributing to trademark and copyright infringement for hosting sites selling counterfeit goods.
Germany Adopts New DMCA-Like Law
With a crackdown on peer-to-peer content sharing sites already in full swing, the upper house of the German parliament last week approved new legislation that is drawing comparisons to the Digital Millennium Copyright Act in the U.S.
Congress Could Move to Expand DMCA
Despite calls from academics, technology companies and computer programmers for Congress to abandon the Digital Millennium Copyright Act, draft legislation expected soon proposes to expand the controversial law.
DMCA Blasted as Anti-Competitive, Ineffective
The Digital Millenium Copyright Act is under attack by a U.S.-based think tank that says the federal law reduces options for consumers and scales back competion for media companies.
New Rulings on DMCA May Prompt Digital-Lock Redesigns
Two recent federal rulings have cut back the scope of the Digital Millennium Copyright Act’s encryption provisions, narrowing design-lock technology that courts will enforce, according to a leading intellectual property attorney.
New Aussie Bill Gives ISPs DMCA-Like Restrictions
Australian Internet service providers may be forced to deal with Digital Millennium Copyright Act-style take-down notices in the near future if a bill tabled in the Australian senate today is approved.
DMCA ‘Safe Harbors’ Broadened With Ruling
A recent federal court decision involving an adult site operator against several Internet companies is certain to muddy the “safe harbors” provisions of the Digital Millennium Copyright Act.
DMCA Poised for Facelift
A House of Representatives subcommittee met Wednesday to review aspects of the 1998 Digital Millennium Copyright Act, which makes it a crime to circumvent anti-piracy measures built into most commercial software. The DMCA also outlaws the manufacture, sale, or distribution of code-cracking devices.