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Category: Digital Millennium Copyright Act


Copyright Office Proposes New Fee Schedule
June 28, 2018
Post by Brandon W. Clark
The Copyright Office recently announced a new proposed fee schedule that would increase the majority of fees associated with filings at the Copyright Office. The proposal comes after an extensive assessment performed by consultants Booz Allen Hamilton. The proposed fee increase would help the Copyright Office offset regular costs, while also providing the Copyright Office additional resources to moderniz.......
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Federal Judge Rules Embedded Tweet Violated Copyright
February 21, 2018
Post by Brandon W. Clark
In a surprising ruling, U.S. District Court Judge Katherine B. Forrest, recently ruled that several news organizations and publishers violated a photographer’s copyright when they “embedded” a photo from Twitter on their websites without permission. Judge Forrest’s decision to grant the plaintiff’s motion for partial Summary Judgement is sure to be controversial and could prove to be very significant, po.......
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Copyright Infringement and Fair Use in a Digital World
January 26, 2017
Post by Brandon W. Clark
In the most general sense, copyright infringement is copying, or using, a work protected by copyright without permission from the copyright owner. Almost inevitably, soon after you hear the words "copyright infringement", you will also hear the words "fair use". Fair use is one of the most frequently discussed defenses to copyright infringement but it is also one of the least understood. This article i.......
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Copyright Office Establishes New Electronic DMCA Agent Registration
December 14, 2016
Post by Brandon W. Clark
The Digital Millennium Copyright Act (DMCA) safe harbor provision is one of the most important copyright laws of today's online focused society. As of December 1, 2016, the Copyright Office has enacted a new set of rules one must follow to register a DMCA agent. The new system makes registration cheaper and easier but does require website owners and hosts to take proactive steps to e.......
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The Ongoing Battle of Copyright Protection and Pre-1972 Sound Recordings
April 23, 2014
Post by Blog Staff
Federal Copyright Law generally protects works that are fixed in a tangible medium from unauthorized use, including copying, performance, exhibition, and broadcasting. However, sound recordings from before 1972 are treated uniquely under the law—a situation that has resulted in real legal problems. When enacted, the Federal Copyright Law preempted any state rights relating to copyright protection. Howeve.......
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Copyright Office issues new DMCA exemptions: iPhone jailbreaking, noncommercial use of DVD snippets
July 26, 2010
Post by Blog Staff
Every three years, the United States Copyright Office seeks proposals for exemptions from the Digital Millennium Copyright Act ("DMCA"). As part of the DMCA, it became unlawful to circumvent access control measures copyright holders used to secure their copyrighted works. For example, it is arguably a violation of the DMCA to use a program to "break" the content scrambling system ("CSS&q.......
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Tenth anniversary of the Digital Millenium Copyright Act
October 28, 2008
Post by Blog Staff
On October 28, 1998, President Clinton signed the Digital Millenium Copyright Act into law. The Act is probably best known for two of its provisions: (1) the anti-cirumvention provsion, which prohibits circumventing a "technological measure that effectively controls access to" a copyrighted work, and (2) the online "safe harbor" provision, which generally insulates parties that host material.......
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Federal Circuit addresses scope of immunity waiver for copyright and DMCA claims
July 27, 2008
Post by Blog Staff
In a decision Friday, the Federal Circuit affirmed a decision from the United States Court of Federal Claims dismissing a copyright holder's claims for lack of jurisdiction on the ground that the Government had not waived sovereign immunity. The suit arose from alleged copyright infringement and an alleged violation of the Digital Millennium Copyright Act of 1998 (DMCA). The Federal Circuit found that the CFC.......
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Wall Street Journal on Viacom v. YouTube
March 23, 2007
Post by Blog Staff
Walter Mossberg of the Wall Street Journal has a column discussing the Viacom v. YouTube case (previously blogged about here). Mr. Mossberg thinks the problem is not confined to the particular dispute between Viacom and YouTube/Google, but rather is indicative of a need for greater guidance in copyright law from Congress. The Digital Millennium Copyright Act (DMCA), which was supposed to help to bring copyright la.......
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Viacom sues YouTube, Google for copyright infringement
March 13, 2007
Post by Blog Staff
In a press release today, Viacom, owner of the MTV and Comedy Centraltelevision networks (among others), announced it is suing YouTube and its parent company, Google, for copyright infringement. The lawsuit seeks over $1 billion in damages. The parties had been in negotiations for YouTube/Google to have a license to provide Viacom's content on YouTube, but negotiations broke down, and .......
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Are wedding receptions full of copyright infringers?
February 06, 2007
Post by Blog Staff
Maybe, if you ask Richard Silver. Mr. Silver claims to have invented the dance known as the "Electric Slide" at a disco in 1976. He registered a copyright on his performance of the dance in 2004. While Mr. Silver's claims may seem dubious (such as, for example, his claims on his website that he also invented break dancing and "the robot" dance), he has, thus far, been vigorous in using copyright l.......
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Prepaid cellular phone seller sues over DMCA exception
December 06, 2006
Post by Blog Staff
TracFone Wireless, the largest seller of prepaid cellular phone service in the United States, has sued the Librarian of Congress and Register of Copyrights, alleging that one of the DMCA exemptions granted last month is unlawful. Specifically, TracFone is upset about the exemption permitting cellular phone users to "unlock" their phones in order to use them with another service provider.TracFone makes m.......
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US Copyright office issues new exemptions from DMCA
November 25, 2006
Post by Blog Staff
Every three years, the United States Copyright Office seeks proposals for exemptions from the Digital Millennium Copyright Act ("DMCA"). The DMCA was enacted in 1998. As part of the DMCA, it became unlawful to circumvent access control measures copyright holders used to secure their copyrighted works. For example, it is a violation of the DMCA to use a program to "break" the content scramble system ("CSS") encr.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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