Blogs > Trademark, Copyright, and Unfair Competition Law Blog

Copyright Infringement

Apr 09, 2021

The Wild Wild West: How to Enforce Your Copyright on Social Media

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

Apr 02, 2021

The CASE Act: A Small Claims Court for Copyright Infringement

One of the past year’s most important U.S. copyright bills, the Copyright Alternative in Small-Claims Enforcement Act of 2020 (the CASE Act) was passed in December. It establishes an administrative tribunal process for copyright claims of up to $30,000. Though targeted to small parties, larger businesses that own massive amounts of copyrightable content will also benefit. » Read More

Nov 07, 2018

U.S. Supreme Court Scheduled to Hear Whether Copyright Registration Is Required for Suit

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

Feb 08, 2018

REPEAT AND RISK: A Copyright “Safe Harbor” Isn’t So Safe for Websites that Tolerate Repeat Infringers

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

Jan 09, 2018

United States Supreme Court Signals That It May Hear Case That Will Impact Copyright Holders’ Ability to Initiate Copyright Infringement Actions

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