Digital Copyright Ruling Creates New Vulnerabilities for Moderated Online Platforms Blog AdLaw By Request

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Is Facebook Trying to Screw an Entire Music Industry?

Copyright and Compliance for All: 10 Business Resolutions to Increase Copyright Success and Security in 2017 Blog Beyond IP Law

New Copyright Office Rule Creates Potential “Gotcha” for Blogs and Websites Hosting User-Generated Content

New Copyright Office Safe Harbor Rule Exposes New Liability Risks for Nonprofits

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Google Asked to Remove a Billion “Pirate” Search Results in a Year

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Want to Keep Your DMCA Safe Harbor? New Copyright Rules Require Reregistering

If you have a website, you need to reregister your designated agent with the Copyright Office. If you don’t, you will lose the safe harbor protections for copyright infringement liability afforded by the Digital Millennium Copyright Act (DMCA). A new Copyright Office rule requires reregistration every three years, via an online system that opens December 1, 2016. Under the DMCA, online service providers meeting certain criteria fall within a safe harbor from copyright infringement claims resulting from storage of content posted by a website user. User content could be anything a user uploads or posts to a site or service, such as photos or videos for storage or sharing, or text comments on a blog or discussion thread. If they do not own the rights, you could be infringing—making the DMCA Safe Harbor important to limiting liability. To benefit from the safe harbor, a service provider must designate an agent to handle takedown notices from copyright holders, must register the designated agent with the Copyright Office, and must keep the agent information updated (for example, if contact information changes). The service provider must adopt and implement a policy providing for termination, where appropriate, of accounts of repeat infringers. Before […]

U.S. Copyright Office Undecided About Future of DMCA Takedowns

The U.S. Government’s Copyright Office has launched a new consultation seeking guidance on the future of the DMCA’s takedown process and safe harbor. Through a set of concrete questions, they hope to find a balance between the interests of copyright holders, Internet services and the public at large. The past week has been quite a tumulteous one for U.S. politics. However, that doesn’t mean that the wheels hve stopped turning. On the day that millions of Americans cast their vote, the Copyright Office posted a new notice in the Federal Register, asking the public for input on future copyright law. Over the past year, the Government already received a lot of input on a possible reform of the DMCA safe harbor provisions. Various rightsholders weighed in, as expected, and so did technology companies, law scholars and civil rights groups. The problem for the U.S. Copyright Office is that there’s little agreement on how to move forward. The MPAA, RIAA, and other industry groups are calling for extensive revisions and don’t want services to “hide” behind their safe harbor protections. Among other things, they want a ‘ notice-and-stay-down ‘ policy to ensure that, once deleted, content doesn’t pop up elsewhere. Many service providers, however, see this an unworkable solution and believe that the current system is capable of dealing with infringing content. On the other end of the spectrum there are calls to implement penalties for abusive notices, so copyright holders can be punished for submitting takedown requests that are false. The Copyright Office has reviewed the various positions, but it is still unclear on how to move forward. It has therefore posed a set of questions seeking additional guidance on various key topics. For the notice-and-stay-down issue, for example, it wants a clear overview of how that would be […]

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