Thankfully the Second Circuit in Viacom v. YouTube has reversed Judge Stanton’s see no evil, speak no evil opinion which had granted summary judgment to YouTube. But in response to…Continue reading As a result of Viacom v. YouTube the Future of the Red Flag Standard in DMCA Litigation Is Black
Andrew will speak to the Intellectual Property and Technology Association at Cornell Law School on Tuesday evening March 26, 2012 on How Brands May Protect Themselves Against New Forms…Continue reading Andrew Berger to Speak at Intellectual Property and Technology Association at Cornell Law School on Brand Protection
The genesis of this post is a recent copyright infringement case we handled that dealt with a relatively unexplored corner of the Digital Millennium Copyright Act (“DMCA), defendant’s removal…Continue reading What Copyright Management Information Does the DMCA Protect?
Andrew will moderate a panel discussion at the ABA Litigation Section’s Annual Conference in D.C. The topic will be “Internet and Social Media in the Forefront: Current Hot Issues and…Continue reading Andrew to Moderate Internet Hot Topics Discussion at the ABA Litigation Section Annual Conference in D.C.
The safe harbor created by Section 512(c) of the Digital Millennium Copyright Act (DMCA) may now be an Internet service provider’s Bali Hai. That’s because on December 20, 2011, the…Continue reading UMG v. Veoh Makes the DMCA Safe Harbor Even Safer. What Will the 2d Circuit Do in Viacom?
The Copyright Society is sponsoring a very interesting event this Wednesday July27 in D.C. The program is entitled Appealing YouTube: The Experts Debate!” The program will debate the many safe…Continue reading “Appealing YouTube: The Experts Debate!” Program in DC on Wedensday July 27 Sponsored by the Copyright Society
The Advanced IP Forum for Advertising Counsel will take place in NY from April 27-29. The program offers an impressive list of speakers from the content and media industries….Continue reading American Conference Institute Advanced IP Forum and Workshop
The Viacom/YouTube copyright infringement case is a classic, 4-year fight between two media goliaths that is now at the Second Circuit. Hopefully that court will give some guidance about the…Continue reading Viacom/YouTube: Will The 2d Circuit Continue to Shield YouTube from Liability under the DMCA for Welcoming Infringement On Its Site?
The common law doctrines of contributory infringement and vicarious liability are a staple of copyright infringement law. But the Digital Millennium Copyright Act (“DMCA”) has significantly reshaped these doctrines. Naomi…Continue reading Secondary Liability under the DMCA: Has the DMCA Shrunk Contributory Infringement and Vicarious Liability?
Is Judge Stanton’s decision in Viacom v. YouTube vulnerable on appeal? You bet. Before I explain why some background. The Action and Motions In 2007 Viacom sued YouTube for copyright…Continue reading Viacom v. YouTube: Can A Web Host Welcome and Profit From Infringing Activity and Then Claim Not to Know About It?