Online Service Providers Take Note – The New Requirements for Designating a DMCA Agent Apply to New and Existing Agents
One of the Digital Millennium Copyright Act’s (“DMCA”) cardinal features is protection for internet service providers against copyright infringement claims based on content provided by third parties (the “Safe Harbor”). Without the DMCA Safe Harbor, countless websites that allow their users to upload or post content would risk liability for the actions of those users.
CDAS Brings in Partner Carole E. Handler and Associate Brianna Dahlberg to expand its West Coast Litigation, Entertainment and IP practice
Cowan, DeBaets, Abrahams & Sheppard LLP is expanding its West Coast litigation, entertainment, and intellectual property practice with the strategic hire of a two-person litigation team, led by Carole E. Handler, who joins the firm as a partner in CDAS’s Beverly Hills office as of April 1, 2017. Ms. Handler is a nationally recognized litigator
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Ninth Circuit Affirms Right of Publicity Claims Over Online Photo Licensing Are Preempted By Copyright Act (Maloney v. T3Media)
On April 5th, in a victory for visual content creators and licensors, the Ninth Circuit affirmed the dismissal of a lawsuit brought by former college athletes alleging that T3Media had misappropriated their names and likenesses by selling licenses to photographs from the NCAA Photo Library. The Ninth Circuit held that the athletes’ claims for right
Don’t Spy on Me, ISPs: New Law Rolls Back Internet Privacy Rules
On April 3, 2017, President Trump officially signed into law a controversial new bill that repeals the Internet privacy rules adopted by the Federal Communications Commission (“FCC”) in late 2016 (the “FCC Rules”). The FCC rules, which were set to go into effect in late 2017, required Internet service providers (“ISPs”), such as Verizon, AT&T,
Frederick P. Bimbler, Eleanor M. Lackman and Simon N. Pulman Named to Variety’s 2017 Legal Impact Report
Three Cowan, DeBaets, Abrahams and Sheppard LLP (CDAS) attorneys have been recognized in Variety’s “2017 Legal Impact Report:” Frederick P. Bimbler, Eleanor M. Lackman and “Up Next” honoree Simon N. Pulman. The annual list includes the top entertainment attorneys that have made a significant impact on the industry over the past twelve months. Fred is
Supreme Court Finds Decorative Elements of Cheerleading Uniforms Eligible for Copyright Protection (Star Athletica, LLC v. Varsity Brands, Inc.)
In an opinion issued last week, the Supreme Court held that a “pictorial, graphic, or sculptural” feature incorporated into the design of a useful article—in this case, a cheerleading uniform—is eligible for copyright protection if it satisfies a two-part test: (1) the element can be perceived as a two- or three-dimensional work of art separate
Fox Television Stations, Inc., et al. v. Aereokiller, LLC, et al.: Ninth Circuit Holds FilmOn X Not a “Cable System” Entitled to Compulsory License; Implicates Federal Agency Deference Doctrines
In 2014, the United States Supreme Court, in American Broadcasting Companies v. Aereo, Inc., held that unlicensed re-broadcasts of copyrighted content over the Internet constituted public performances of copyrighted works in violation of content owners’ exclusive rights under the Copyright Act; as part of its discussion, the Court analogized services like Aereo’s to “cable services.” Emboldened
CDAS Wins Fair Use Ruling Over Facebook Livestream Birth Video
In a ruling from the bench, CDAS client Coed Media Group, LLC (“CMG”) succeeded in securing the dismissal of a copyright infringement lawsuit over a news story reporting on a man who live-streamed the birth of his son on Facebook. Plaintiff Kali Kanongataa accused CMG of infringing the copyright in his home movie when CMG
C‐Corp vs. LLC – Tips for Choosing the Right Entity Structure for Your Business
Congratulations! After months of dreaming about turning your great idea into a real business, you have finally decided to take the plunge and form a company. After doing some initial research, you have decided to form your company as either a C-Corporation (“C-Corp”) or Limited Liability Company (“LLC”) since both entity structures offer personal liability
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.: New York State’s Highest Court Finds No Public Performance Right for Pre-1972 Sound Recordings at Common Law
In a case of first impression, New York’s highest court ruled that New York common law does not include a right to control public performances of pre-1972 sound recordings. The ruling arises from a years-long legal battle between The Turtles, the 1960s rock band most famous for the hit song “Happy Together,” and Sirius XM,