Tag Archives: DMCA

Copyright update: The Fifth Circuit says “no” to the Ninth Circuit server test and “maybe” to URLs as copyright management information (CMI)

The Internet is, at its core, a system of knowledge consisting of files stored on computers that are linked and made accessible to the public by URLs. The Fifth Circuit recently addressed the balance of making knowledge accessible and protecting the rights of copyright owners. In Emmerich Newspapers, Inc. v. Particle Media, Inc. (d/b/a Newsbreak) … Continue Reading

Ghostwriter in the Machine: Copyright Implications for AI-Generated Imitations

A track called “Heart on My Sleeve” went viral recently on social media with lead vocals sounding eerily similar to a certain crooner known for his lovelorn lyrics. The pantomimed artist was Drake, no stranger to thirsty pining, backed by R&B artist The Weeknd. The song, however, was credited to Ghostwriter977, the alias of an … Continue Reading

ISPs and Anonymous Users Rejoice: DMCA 512(h) Subpoena Subjected to First Amendment Scrutiny

Last month, in an important ruling for Internet service providers, and anonymous users alike, a new defense is taking shape to subpoenas issued pursuant to the “unmasking” provisions of the Digital Millennium Copyright Act (“DMCA”). Specifically, in In re DMCA § 512(h) Subpoena to Twitter, Inc., N.D. Cal. Case No. 20-mc-80214, district judge Vince Chhabria … Continue Reading

Zazzle And Other Print-On-Demand Websites Can Breathe A Sigh Of Relief . . . For Now

Last month, in a February 8, 2018 Order, the Central District of California vacated its injunction in Greg Young Publishing, Inc. v. Zazzle, Inc., 2:16-cv-04587-SVW-KS, in which Zazzle was “permanently enjoined from infringing any of the exclusive rights in 17 U.S.C. § 106 with respect to Plaintiff’s copyrighted works…”  See Permanent Injunction and Order, October 27, 2017.  … Continue Reading
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