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Music downloader's due process rights violated by copyright statutory damages award of $22,500 per song

Proskauer Rose LLP
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USA
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September 30 2010

A jury award of $22,500 per song, resulting in a total award of $675,000 in statutory damages against an individual who downloaded copyrighted music files on a peer-to-peer network, violated the individual's due process rights, where he reaped no pecuniary reward from the infringement and the infringement caused the plaintiffs "minimal harm," a district court ruled

Google Books settlement would usurp congressional role in revising copyright law

Proskauer Rose LLP
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USA
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May 5 2011

Judge Chin found that the settlement was not "fair, adequate and reasonable," as required by the federal rules, and suggested that it might be able to be approved if it was changed to an opt-in, rather than an opt-out, settlement

Notice of past infringements on online photo site does not obligate operator to proactively screen site

Proskauer Rose LLP
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USA
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May 5 2011

An online photo-sharing site does not have a duty to search its site for material that infringes an artist's works, even if it has received past notices of infringement of the same works from the artist, a district court ruled

No DMCA or trademark liability for provider of online printing services for removal of material deemed infringing

Proskauer Rose LLP
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USA
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July 29 2010

An online printing services provider is not liable for removal of user content that it deems infringing or otherwise objectionable, a district court ruled

Download of copyrighted digital music file not a public performance under Copyright Act

Proskauer Rose LLP
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USA
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January 11 2011

Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled

Will the Pinterest "nopin" tag put online image owners on the defensive on implied copyright licenses? Should we look to robots.txt as precedent?

Proskauer Rose LLP
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USA
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March 12 2012

Pinterest is the hot hot hot social media site that lets users create online “pinboards” of interesting or inspiring images

Second Circuit refers question on situs of copyright injury under New York long-arm statute to New York Court of Appeals

Proskauer Rose LLP
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USA
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July 29 2010

The U.S. Court of Appeals for the Second Circuit has certfied a question concerning the applicability of the New York long-arm statute to online copyright infringement to the New York State Court of Appeals

Company that distributed P2P software secondarily liable for massive infringement by users

Proskauer Rose LLP
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USA
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July 29 2010

A company that created and distributed a peer-to-peer file-sharing program that was used to distribute unauthorized copies of copyrighted music files on a "massive scale" is secondarily liable for acts of direct infringement on the part of the users of the program, a district court ruled

Web site operator’s knowledge of “generalized practice” of copyright infringement insufficient to negate DMCA safe harbor

Proskauer Rose LLP
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USA
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July 29 2010

A Web site operator's knowledge of a "generalized practice" of copyright infringement by users of its service is insufficient to deprive it of the protection of the "safe harbor" provided by Section 512(c) of the Digital Millennium Copyright Act, a district court ruled

Ninth Circuit rules on license conditions versus contract covenants in dispute over World of Warcraft bots - MDY v. Blizzard, part I

Proskauer Rose LLP
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USA
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January 3 2011

Playing World of Warcraft, the world's most popular massively multiplayer online role-playing game (MMORPG), can be, well, a drag