For songwriters, one of the greatest perks of copyrighting their work is the continuous flow of royalty checks. If Merv Griffin were still alive today he could attest to that. Merv Griffin wrote the recognizable music called “Think” which aired five days a week on the game show Jeopardy during the final jeopardy question. The […]
By: Tyler Hampy As mentioned in my last post, this post will continue the discussion on the fair use doctrine. Specifically, this post will discuss whether parodies of copyrighted works can be considered fair use. To recap, the fair use doctrine permits the legal use of copyrighted material without first acquiring permission from the copyright […]
My last post related how Online Service Providers (OSPs) are subject to disqualification for § 512 safe harbor from copyright infringement liability based on actual or red flag knowledge of user-generated content (UGC) containing infringing material. Another disqualifier for safe harbor is the OSP’s control of and benefit from the infringing act. Control and Benefit […]
To prove copyright infringement, the plaintiff must show that it owns a valid copyright and must establish that the defendant engaged in the unauthorized copying of the work protected by the copyright. “Copying” refers to the act of infringing any of the exclusive rights that accrue to the owner of a valid copyright under 17 […]
As related in my last post, DMCA sections 512(c) and 512(d) have heightened requirements before copyright infringement liability protection adheres to service providers who support user generated content (UGC). The requirements for the four categories of safe harbors under § 512 can be summarized as follows: Safe Harbor Provider Monitoring Red Flag Test Notice/Takedown (a) Conduit ISP […]
As mentioned in an earlier post, the originators of a web presence are not guaranteed limited liability under the Digital Millennium Copyright Act (DMCA) merely because it is visiting third parties, and not the originators, who introduce infringing content onto an originator’s site. Rather, the DMCA offers safe harbor only to qualifying service providers. Safe Harbor: Eligibility […]
One of the biggest gripes I had with attending college had to be buying textbooks. Ten years ago when I was in college, textbooks cost around $500 per semester. This was an outrageous cost. Yet, college kids were forced to pay for these books in order to follow along with the teacher’s syllabus. You would […]
In an earlier post, I discussed copyright infringement risks inherent to web sites that facilitate exchange of user-generated content (UGC). As the Internet’s popularity took off in the 1990s, governments of the world recognized the need to reconcile traditional copyright laws with the unique challenges of the information age, including UGC. In 1998, the Digital Millennium Copyright […]
From content sharing to crowdsourcing, web sites that facilitate exchange of user-generated content (UGC) are key components in what makes the web … the web! But of concern for website providers, promotions operators, sponsors, and others that permit third parties to post UGC is the possibility that the user will infringe third-party intellectual property or personal rights.
