In a case addressing the intersection of the Copyright Act, the Berne Convention, and the Internet, a federal court in New Jersey has held that photographs published on a German website were not simultaneously published in the U.S. under U.S. copyright law. As a result, the photographs were not “United States work(s)” and the photographer could advance a copyright infringement action without first registering his copyright in the U.S. Read more »
Universal Music Group’s copyright infringement suit against Veoh has been thrown out by the District Court Judge hearing the case, possibly giving some breathing room to YouTube and other video-sharing websites. Judge A. Howard Matz ruled that Veoh operated in accordance with the Digital Millennium Copyright Act by expeditiously taking down UMG’s copyrighted materials after receiving notification from UMG that users had placed such materials on the Veoh website. In doing so, Judge Matz has given ample ammunition to those who argue that liability for posting copyright-protected material on video-sharing sites resides with the individual poster, and not with the video-sharing site.
A California jury has awarded Louis Vuitton damages in the amount of $32.4 million against two internet service providers (ISPs) and their operator for contributory trademark infringement based on their hosting of websites that sold knock-off Louis Vuitton products. For the full story, see this article in ars technica. This decision may lead ISPs to respond more proactively when they receive notice of infringement. It also serves as a helpful reminder that the Digital Millennium Copyright Act’s (DMCA) safe harbor for ISPs does not extend to activity the ISP knows is taking place.
In a case addressing the intersection of the Copyright Act, the Berne Convention, and the Internet, a federal court in New Jersey has held that photographs published on a German website were not simultaneously published in the U.S. under U.S. copyright law. As a result, the photographs were not “United States work(s)” and the photographer could advance a copyright infringement action without first registering his copyright in the U.S. Read more »
Copyright Act, Court Cases, Digital Millen. Copyright Act | handelman | 
October 12, 2009 9:03 am | 
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