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Does Embedding/Framing Violate the Display Right?

Whether embedding or framing violate the display right in §106(5) of the Copyright Act continues to divide the courts. The Ninth Circuit’s server test has been rejected by Brietbart and other district court cases and Instagram will no longer grants sublicenses to users who seek to embed content posted on its site. Whether internet sites will face liability for embedding going forward is increasingly likely. …Continue reading Does Embedding/Framing Violate the Display Right?

Arista Records v. Lime Wire: Did the Record Companies Forfeit the Right to Collect from Lime Wire As Much as $15.6 Million By Recovering Less than $48,000 from Other Infringers in Earlier Actions?

  Lime Wire continues to educate regarding statutory damages. The latest novel issue it decided is whether a judgment for statutory damages against an individual infringer for copyright infringement of…Continue reading Arista Records v. Lime Wire: Did the Record Companies Forfeit the Right to Collect from Lime Wire As Much as $15.6 Million By Recovering Less than $48,000 from Other Infringers in Earlier Actions?

More on Agence France v. Morel: A Publisher May Now Face a DMCA Claim For Removing Almost Any Copyright Management Information Even If It Was Not on the Work Itself

  The Agence France decision may be even more important because of its expansive interpretation of what constitutes copyright management information under the Digital Millennium Copyright Act (“DMCA”). Copyright management…Continue reading More on Agence France v. Morel: A Publisher May Now Face a DMCA Claim For Removing Almost Any Copyright Management Information Even If It Was Not on the Work Itself