Intellectual Property

Recent Posts

The DMCA De-Fanged: Why Software Developers Need to Register Their Software With the Copyright Office
Posted on 29 Nov 2010 by Thomas Carey

In this Emerging Issues commentary, Thomas C. Carey, a partner at Sunstein Kann Murphy & Timbers LLP, discusses a recent federal court case, MGE UPS Sys. v. GE Consumer & Indus., 612 F.3d 760 (5th Cir. Tex. 2010) , and its revised opinion, MGE... Read More

The DMCA De-Fanged: Why Software Developers Need to Register Their Software With the Copyright Office
Posted on 29 Nov 2010 by Thomas Carey

In this Emerging Issues commentary, Thomas C. Carey, a partner at Sunstein Kann Murphy & Timbers LLP, discusses a recent federal court case, MGE UPS Sys. v. GE Consumer & Indus., 612 F.3d 760 (5th Cir. Tex. 2010) , and its revised opinion, MGE... Read More

Gimme Shelter: When Does a Content-Sharing Website Incur Copyright Liability?
Posted on 12 Jul 2013 by Thomas Carey

On the surface, the 2d and 9th Circuits appear to be in harmony regarding the standards in measuring the availability of the DMCA safe harbor to on-line service providers. Each agrees that failing to take down infringing content, despite awareness of... Read More

Google & YouTube Not Liable For Copyright Infringement
Posted on 24 Jun 2010 by Peter S. Vogel

Viacom lost its $1 billion lawsuit against Google and YouTube for alleged copyright infringement when a judge granted summary judgment. YouTube's defense was that it used the "safe harbor" protection of the Digital Millennium Copyright... Read More

Judge Grants YouTube Summary Judgment on Viacom’s $1 Billion Infringement Claim
Posted on 25 Jun 2010 by Mark Rogers

NEW YORK - (Mealey's) A "general awareness" of infringing activity on its Web site is not sufficient to find YouTube Inc. guilty of any copyright infringement claims, a New York federal judge ruled June 23, granting the online video-sharing... Read More

Second Circuit Rekindles YouTube Copyright Infringement / DMCA Safe Harbor Case
Posted on 6 Apr 2012 by Travis Burchart

Yesterday, the Second Circuit issued an opinion clarifying the contours of the Digital Millennium Copyright Act's (DMCA) safe harbor for online service providers. 17 U.S.C. § 512(c) limits liability for copyright infringement that occurs "by... Read More