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Archive for the ‘Digital Millennium Copyright Act’ Category

The EFF Challenges the DMCA Anti-Circumvention Provision: A First Amendment Fight

By Priyanka Nawathe – Edited by Kayla Haran

On July 21, 2016, the Electronic Frontier Foundation sued the United States government to overturn DMCA Section 1201, commonly referred to as the anti-circumvention provision. The EFF argues that this provision, designed to prevent circumvention of “technological protection measures,” actually chills research and free speech, and thus is a violation of the First Amendment.

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Posted On Aug - 4 - 2016 Comments Off READ FULL POST

Ninth Circuit Amends Opinion to Broaden Fair Use Protections in DMCA Takedowns

By Sheri Pan – Edited by Henry Thomas

Lenz v. Universal Music, the “dancing baby” copyright case, was decided in 2015. However, in March of 2016, the 9th Circuit issued an amended opinion. The changes removed language – mostly dicta – from the original opinion, seemingly raising the bar for copyright holders. Importantly, language suggesting that rightsholders need not conduct a “searching or intensive” review of potential fair use defenses was removed.

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Posted On Apr - 4 - 2016 Comments Off READ FULL POST

Library of Congress Publishes Official DMCA Section 1201 Exemptions

By Mila Owen – Edited by Henry Thomas

The current wave of Digital Millennium Copyright Act rulemaking proceeding and § 1201 of the Act in general have drawn harsh criticism and concern that § 1201 favors the property rights of content creators over those of end users. The exemptions, which are the product of a rulemaking process which has been called ‘insane’, are also said to raise concerns regarding fairness and sustainability.

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Posted On Dec - 3 - 2015 Comments Off READ FULL POST

Analyzing the Equals Three v. Jukin Media Opinion

By Feiran (Felicia) Chen- Edited by Yiran Zhang

The court held that  Equals Three’s videos favored fair use as commenting on viral videos is transformative with the exception of one episode.

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Posted On Nov - 4 - 2015 Comments Off READ FULL POST

Google Faces Potential Lawsuit in Connection with Celebrity Photo Leaks

By Amanda Liverzani – Edited by Mengyi Wang

Celebrities impacted by the theft and distribution of personal images stored on Apple’s iCloud service may soon head to court seeking damages from Google for continued copyright infringement and privacy violations. Google is accused of failing to remove the private pictures pursuant to the Digital Millennium Copyright Act (“DMCA”) and threatened with a lawsuit for compensatory and punitive damages that could reach over $100,000,000 unless the offending content is promptly taken down.

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Posted On Oct - 16 - 2014 Comments Off READ FULL POST
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