Twenty-three years after the passage of the Digital Millennium Copyright Act (“DMCA”), the social media landscape remains a “Wild Wild West” for copyright owners. Though not afforded the attention attracted by the spread of misinformation on these platforms, copyright enforcement can be an uphill battle for copyright owners, as social media companies struggle to enforce rules of conduct for the enormous output of third-party content they host. » Read More
In the social media age, sharing is the name of the game. Whether it’s a social media post, a viral image, or even an instructional video, you might want to add it to your own social media platform or even your webpage. » Read More
For decades, federal courts around the country have split over whether a U.S. copyright registration is required to bring an infringement action, or whether the filing of an application with the U.S. Copyright Office is sufficient. At long last, the U.S. » Read More
The Digital Millennium Copyright Act (DMCA for short) contains a number of provisions helpful to copyright owners who suffer online infringement, which is frequently perpetrated anonymously. Of particular importance is the “take down” provision, which enables the copyright owner to write to the “Internet Service Provider” (“ISP”) whose site contains infringing content demanding its removal. » Read More
Last year, the Fourth Estate Public Benefit Corporation filed a petition asking the Supreme Court to determine whether for purposes of instituting a copyright infringement action, a claimant’s “registration” has been made once the claimant has applied for the registration (application approach) or once the Copyright Office has acted on that application (registration approach). » Read More
The launch of Donald Trump’s presidential campaign this week came with a mistake frequently made by political candidates — using a musician’s song without his or her permission. Trump used Neil Young’s “Rockin’ in the Free World” at his presidential campaign launch without Mr. » Read More