Copyright: Europe Explores Its Boundaries – New UK Infringement Exceptions – The Ones That Came Back Again
- Introduction In June of this year, we sent out an alert about the anticipated new UK copyright infringement exceptions. These exceptions were to be introduced based on the recommendations of the Hargreaves Review. Surprisingly, some of the exceptions had been dramatically pulled from the... ›
Monkey in the Middle of Selfie Copyright Dispute
The “selfie” is now so ubiquitous that the word is in the Oxford English Dictionary, you can use it in Scrabble and it has spawned a whole new lexicon. Selfies are no longer the preserve of teens and reality stars; you now have politicians,... ›Copyright: Europe Explores its Boundaries Part 3: “Meltwater” – EU rules that browsing does not need a licence – a victory for common sense (or for pirates)?
On 5 June 2014 the European Court of Justice (CJEU) published its decision in the “Meltwater” Case C-360/13, ( Public Relations Consultations Association Ltd (PRCA) v Newspaper Licensing Agency Ltd (NLA) and Others ). In a ruling that some have hailed as a victory... ›Supreme Court Stifles Aereo, but Tries to Keep the Cloud Away
In a closely watched case, the U.S. Supreme Court ruled today in a 6-3 decision that Aereo’s Internet streaming service engages in unauthorized public performances of broadcast television programs in violation of the Copyright Act, reversing the Second Circuit’s decision in American Broadcasting Companies,... ›Court Holds That DMCA Safe Harbor Does Not Extend to Infringement Prior to Designation of Agent
By: Aaron P. Rubin
The safe harbor provisions in § 512(c) of the Digital Millennium Copyright Act (DMCA) provide a mechanism that insulates online service providers from monetary damages for infringing materials posted or stored by their users. To receive this protection, service providers must designate an agent... ›Supreme Court Finds Laches Does Not Bar Copyright Infringement Claim: Petrella v. Metro-Goldwyn-Mayer, Inc.
The doctrine of laches cannot be invoked as a bar to a plaintiff’s claim for damages brought within the Copyright Act’s three-year statute of limitations period, according to the United States Supreme Court’s decision in Petrella v. Metro-Goldwyn-Mayer, Inc. The Court, in a 6-3... ›Which Way is Aereo Pointing? The Supreme Court Hears Arguments in Public Performance Copyright Case
In a case that could have a broad impact on how companies deliver content to consumers, the Supreme Court heard oral argument on April 22 in American Broadcasting Companies, Inc. v. Aereo, Inc. (No. 13-461). At issue is whether Aereo’s service engages in public performances under... ›The Umpire Strikes Back: European Court Rules That ISPs Can Be Forced to Block Pirate Websites
By: Alistair Maughan
On March 27, 2014, the highest court in the European Union—the Court of Justice for the European Union (CJEU)— decided that copyright owners have the right to seek injunctions against Internet service providers (ISPs) requiring the ISPs to block access to pirate websites illegally... ›Copyright: Europe Explores its Boundaries: Part 1: Link Hubs
INTRODUCTION This year, as the world celebrates the 25 th anniversary of the World Wide Web, the Web’s founder, Tim Berners-Lee, has called for a fundamental reappraisal of copyright law. By coincidence, this year we also anticipate a rash of UK and European legislative... ›Google Ordered to Remove All Copies of Anti-Islamic Film From YouTube After Actress With Bit Part Threatened by Outraged Muslims; Decision Puzzles Copyright Attorneys
By: J. Alexander Lawrence
An aspiring actress moves to California and finds her life threatened. While standard fare for pulp fiction, the case of Garcia v. Google involves a twist on this well-worn plot line that not even the most imaginative Hollywood scriptwriter could invent. Cindy Lee Garcia... ›