Socially Aware

May 28, 2020 - DMCA, E-Commerce, European Union, Cyberbullying, Employment Law, Ethics
Social Links: A report suggesting DMCA changes; a new social-media-use regulation for Fla. Bar members; big changes at Facebook
By: Julie O'Neill
A new report from the U.S. Copyright Office suggests that Congress should fine-tune the Digital Millennium Copyright Act (DMCA) to, among other things, alter the takedown system that platforms must adhere to in order to be eligible for the safe harbor the DMCA affords
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March 26, 2020 - DMCA, Privacy, User-Generated Content, Copyright, Section 230 Safe Harbor
Social Links: Biden’s stance on CDA §230; liability for user-generated content; Twitter’s process for reviewing Trump’s tweets
By: Anthony M. Ramirez
A federal district court in Illinois allowed claims for vicarious and direct copyright infringement to proceed against an employee of the Chicago Cubs Baseball Club for retweeting a third-party tweet containing the plaintiff’s copyrighted material. Read the opinion. Thinking of backing Biden in November? Would
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November 06, 2019 - DMCA, Copyright, IP, Litigation
Will the Music Industry Continue To Win Its Copyright Battle Against ISPs?
By: J. Alexander Lawrence
For the last twenty years, the music industry has been in a pitched battle to combat unauthorized downloading of music. Initially, the industry focused on filing lawsuits to shut down services that offered peer-to-peer or similar platforms, such as Napster , Aimster and Grokster.
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January 29, 2018 - Blockchain, DMCA, Influencer Marketing, Stored Communications Act, Cybersecurity, Compliance
2017: Our Greatest Hits
By: Aaron P. Rubin
Last year we covered a wide range of online legal and business subjects intended for readers ranging from Internet entrepreneurs to social media marketers, from online shoppers to e-tailers, from networkers to influencers (and the brands that pay them). The topics of our blog
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December 13, 2017 - DMCA, User-Generated Content, Copyright
If Your Company’s Website Hosts User-Generated Content, Stop and Read This Post!
In the classic rock song “ Light My Fire ,” ‘60s icon and the Doors ’ lead singer Jim Morrison sang, “The time to hesitate is through.” If your company operates a website or blog that hosts user-generated content, and has yet to register
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August 30, 2017 - DMCA, User-Generated Content, Copyright
Zazzle Fizzles: Website Operator Denied Copyright Safe Harbor Protection for Its Sale of Physical Products Featuring User-Generated Images
We discussed last year the trend toward companies seeking to monetize user-generated content. A recent Central District of California decision in Greg Young Publishing, Inc. v. Zazzle, Inc. serves as an important reminder of the serious risks that can arise from seeking to commercially
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August 17, 2017 - DMCA, User-Generated Content, Copyright, IP, Litigation
Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?
With over one billion websites on the Internet, and 211 million items of online content created every minute , it should come as no surprise that content curation is one of the hottest trends in the Internet industry. We are overwhelmed with online content,
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May 08, 2017 - DMCA, Copyright, Litigation
5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor
By: Aaron P. Rubin
The Fifth Circuit Court of Appeals recently considered in BWP Media USA, Inc. v. T&S Software Associates, Inc. whether volitional conduct is required to establish a claim for direct copyright infringement against an Internet service provider (“ISP”). The defendant ISP, T&S Software Associates (“T&S”),
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April 20, 2017 - DMCA, European Union, Marketing, Privacy, Copyright, Section 230 Safe Harbor, Mobile, Litigation
Now Available: The April Issue of Our Socially Aware Newsletter
By: Aaron P. Rubin
The latest issue of our Socially Aware newsletter is now available here. In this edition, we explore the threat to U.S. jobs posed by rapid advances in emerging technologies; we examine a Federal Trade Commission report on how companies engaging in cross-device tracking can stay on
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February 06, 2017 - DMCA
Second Circuit Clarifies “Repeat Infringer” Policy Requirement for DMCA Copyright Safe Harbors
By: J. Alexander Lawrence
Congress enacted the Digital Millennium Copyright Act (“DMCA”) nearly two decades ago seeking to balance the needs of two factions: Content creators, who were struggling to protect their intellectual property in the digital age, and fledgling Internet companies, who feared being held liable for
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Topic Archives: DMCA

Social Links: A report suggesting DMCA changes; a new social-media-use regulation for Fla. Bar members; big changes at Facebook

By: Julie O'Neill

Social Links: Biden’s stance on CDA §230; liability for user-generated content; Twitter’s process for reviewing Trump’s tweets

By: Anthony M. Ramirez

Will the Music Industry Continue To Win Its Copyright Battle Against ISPs?

By: J. Alexander Lawrence

2017: Our Greatest Hits

By: Aaron P. Rubin

If Your Company’s Website Hosts User-Generated Content, Stop and Read This Post!

Zazzle Fizzles: Website Operator Denied Copyright Safe Harbor Protection for Its Sale of Physical Products Featuring User-Generated Images

Could the Use of Online Volunteers and Moderators Increase Your Company’s Copyright Liability Exposure?

5th Circuit: ISP Not Liable for Infringement Due to Lack of Volitional Conduct, Despite Ineligibility for DMCA Safe Harbor

By: Aaron P. Rubin

Now Available: The April Issue of Our Socially Aware Newsletter

By: Aaron P. Rubin

Second Circuit Clarifies “Repeat Infringer” Policy Requirement for DMCA Copyright Safe Harbors

By: J. Alexander Lawrence