THAT BABY WON’T BE DANCING AT THE SUPREME COURT – Due diligence obligations of copyright holders before sending a DMCA takedown notice

Lenz v. Universal Music Corp. represents 10 years of questionable effort on the part of the Electronic Frontier Foundation  (EFF) to curb an imagined potential for abuse by powerful copyright owners when sending takedown notices [...]

COURT PUTS CHINK IN DMCA IMMUNITY ARMOR: Be careful in use of moderators

Background:

Section 512(c) of the Digital Millennium Copyright Act (DMCA) is largely responsible for the plethora of user-generated content on the Internet. Section 512(c) provides that a service provider (e.g., a website) will [...]

ALERT: Websites must complete the online Copyright Agent registration process by the end of 2017, or lose immunity from copyright infringement claims from user-generated content

Quick Summary:

In short, if you have in the past registered a Copyright Agent manually with the U.S. Copyright Office in order to qualify for immunity from claims of copyright infringement arising from user-generated content on [...]

SOCIAL MEDIA END RUN - LinkedIn post denudes non-solicitation restriction

Non-competition provisions are common for employees and enforceable in most states. The provisions can take various forms. However, the two most common are: (1) straight non-competition, which prevents the employee from [...]

LOSING IMMUNITY FOR ONLINE POSTINGS - How not to manage user-generated content

It is well known that sites that post reviews, even reviews that constitute clear defamation, are generally immune from liability. They have the Communications Decency Act (CDA) to thank for that. So, a notorious site like [...]

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