2017 Cease and Desist Copyright Ownership 
Technology & Marketing Law Blog
AUGUST 16, 2023
Copyright owners are in the best position to spot and redress infringement, so they should identify alleged infringement to services and seek intervention when they see infringements. This paradigm, however, breaks down when copyright ownership is contested. The litigants are an employer and former employee. Alper Automotive v.
Technology & Marketing Law Blog
MARCH 15, 2022
Fuxi, the putative copyright owner, has a registration for an image of printed sage leaves (the left image): The alleged infringer, the Sunny Factory, sells the candles on the right on Amazon. ” Copyright owners don’t have any policing duty. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Implications.
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Technology & Marketing Law Blog
APRIL 1, 2023
TL;DR: a copyright takedown notice that doesn’t meet the elements of 512(c)(3) cannot give rise to a 512(f) clam. Specifically, the putative copyright owners didn’t send a proper 512(c)(3) takedown notice because: it lacked specific identification of the copyrighted works. ” Cite to ISE v.
Technology & Marketing Law Blog
APRIL 29, 2023
Of the efficacious four, three were based exclusively on trademark rights, not copyright. The court says those aren’t DMCA takedown notices by definition, because they didn’t assert any copyright interests; so they are outside 512(f)’s scope. Benjamin * How Have Section 512(f) Cases Fared Since 2017?
Technology & Marketing Law Blog
OCTOBER 4, 2022
One weird piece: the court implies that a copyright owner can enforce violations of access control limits deployed by third parties, i.e., RIAA could sue Yout for Yout’s violation of YouTube’s access control technology. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? The complaint.
Technology & Marketing Law Blog
DECEMBER 5, 2022
Day to Day Imports. * Court Mistakenly Thinks Copyright Owners Have a Duty to Police Infringement–Sunny Factory v. Okularity. * Copyright Plaintiffs Can’t Figure Out What Copyrights They Own, Court Says ¯_(?)_/¯. * A 512(f) Case Leads to a Rare Damages Award (on a Default Judgment)–California Beach v.
Technology & Marketing Law Blog
MARCH 6, 2022
Babybus runs a competitive channel that Moonbug believes infringes its copyrights. An example: Moonbug submitted takedown notices to YouTube covering at least 70 videos and sued Babybus for copyright infringement. Benjamin. * How Have Section 512(f) Cases Fared Since 2017? Babybus counterclaimed for 512(f).
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