Balough
March 16, 2018
(March 16. 2018) A website that allows anyone to post videos and images, includes in its terms of use a prohibition against posting copyrighted material, and upon notice promptly takes down infringing materials is protected from copyright infringement liability under the Digital Millennium Copyright Act (“DMCA”). Ventura Content, Ltd., which creates and distributes pornographic movies, […]
Balough
December 1, 2015
(December 1, 2015) Cars are computers on wheels and modifying their software may violate copyright laws. But thanks to the U.S. Copyright Office, it will be a “fair use” for owners to make most changes to their car’s software. The Digital Millennium Copyright Act (DMCA), 17 U.S.C. Sec. 1201(a)(1), prohibits unauthorized persons from accessing copyrighted […]
Balough
September 15, 2015
(September 14, 2015) Copyright owners must consider whether a potential infringer’s use is a fair use before it can send a takedown notice or it may face potential liability for bad faith notification, the Ninth Circuit said. Under the Digital Millennium Copyright Act, a copyright owner may request that an internet service provider take down […]
Balough
December 15, 2013
Google’s YouTube is not liable for direct or indirect copyright infringement unless it fails to take down the offending video after proper notice, a New York District Court found. The court found that YouTube is protected from copyright infringement claims under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA) because Google has […]
