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19 Mar 2014, 11:24 am
The red flag provision, because it incorporates an objective standard, is not swallowed up by the actual knowledge provision under our construction of the § 512(c) safe harbor. [read post]
11 Feb 2014, 8:09 am
 Dashing hopes of an installation by sartorial street artist Banksy, Dumb Starbucks is actually a marketing stunt for a paid-for television channel (part of Viacom, the world's fourth-largest media conglomerate), which happens to have a familiar-looking logo of its own. [read post]
17 Dec 2013, 5:11 am by Terry Hart
For over six years, the Electronic Frontier Foundation (EFF) has been doggedly pursuing Universal Music for a DMCA takedown notice that removed a 29 second clip of a dancing baby from YouTube for approximately six weeks. [read post]
23 Oct 2013, 1:39 pm by Jonathan Bailey
Whether it’s clips of video, music, images or even just reading someone else’s words, most YouTube users incorporate at least some copyrighted content from others. [read post]
1 Oct 2013, 10:58 am by Fernando A. Bohorquez, Jr.
And in a few months, the Court of Appeals of the Second Circuit should be weighing in on the latest decision in the seemingly never-ending Viacom v. [read post]
5 Jul 2012, 12:36 pm by Glenn
Brownmark Films, which owns the copyright on the original video, sued Comedy Central and network owner Viacom for infringement. [read post]
16 May 2012, 7:37 am by Rob Robinson
 bit.ly/JyIMzQ (@OrangeLT) Google Explains How Your Emails Travel to Their Destination - on.mash.to/JQlRCS (Stan Schroeder) Lessons Learned from Viacom’s $1 Billion Suit Against YouTube—Baker Hostetler’s Jerry Ferguson – bit.ly/JQfBLj (Colin O’Keefe) Podcast: Top 10 Tips for Learning Predictive Coding and Forbes Legal Hydra Article - bit.ly/Jju8Bh (Karl Schieneman) Social Media in the Legal Sector… [read post]
9 Apr 2012, 4:00 am by Terry Hart
As far as I know, this marks the first time a Circuit Court has incorporated inducement of copyright as a bar to DMCA safe harbor protection. [read post]
8 Apr 2012, 8:59 am
 The red flag provision, because it incorporates an objective standard, is not swallowed up by the actual knowledge provision under our construction of the § 512(c) safe harbor. [read post]
7 Apr 2012, 8:23 am by IP Dragon
It makes the copyright more complete but most things were already known.This time let us look at the safe harbor provisions for network service providers, which were already promulgated in 2006 in the Regulation on the Protection of the Right to Network Dissemination of Information, and will probably be incorporated in the copyright law. [read post]
18 Nov 2011, 4:00 am by Terry Hart
YouTube will pay a percentage of ad revenue derived from videos that incorporate songs to indie music publishers that opt in. [read post]
4 Oct 2011, 6:10 am by Sheldon Toplitt
The plaintiff, co-holder of the music video's copyright, sued Comedy Partners, South Park Digital Studios, MTV Networks, Paramount Home Entertainment Network, Inc. and Viacom International Inc. for the send-up of the viral video craze that incorporated a portion of the WWITB footage, without the plaintiff's permission, which included a brightly attired Samwell singing: "I said what what in the butt...you want to do it in my butt, in my butt... [read post]
18 Jul 2011, 6:36 am by kylew
DelVecchio, but also Viacom, Hearst Publications, and Baskin Robbins, alleging that they “advertised, promoted and sold disc jockey software incorporating the mark “DJ PAULY D,” and in association with the persona” of Mr. [read post]
12 May 2011, 8:48 am by Rebecca Tushnet
And when you see what the court does to the First Amendment test here, incorporating a confusion element that leaves defendants vulnerable to confusion evidence instead of protected by an explicit/implicit division, the outcome is clearly better for well-funded trademark owners seeking to suppress speech and able to bring in surveys purporting to show confusion than it is for defendants who may not be able to sustain a full-fledged litigation. [read post]
6 May 2011, 11:02 am by Rebecca Tushnet
Every machinima in Second Life is arguably a derivative work; incorporating structures other people have built. [read post]
12 Dec 2010, 7:42 am
Viacom v YouTube: Two weeks ago, as expected (so expected, the AmeriKat adds, that she didn't even think it was news), Viacom filed their appeal in the Viacom v YouTube case in the appeals court in New York (see previous AmeriKat posts on the case here). [read post]