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Under New York long-arm statute, copyright owner's location is situs of copyright harm from online infringement

Proskauer Rose LLP
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USA
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May 5 2011

Under N.Y.C.P.L.R. 302(a)(3)(ii), which provides for long-arm jurisdiction in cases involving out-of-state tortious acts that cause harm within the State, where unauthorized copies of copyrighted works are posted on Web sites outside New York, the situs of the resulting injury is the location of the copyright owner

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

Excerpting and linking to online news article protected by fair use doctrine

Proskauer Rose LLP
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USA
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January 11 2011

A blogger's posting of an eight-line excerpt from a 30-line online newspaper article, coupled with a link to the full article on the newspaper Web site, is protected by the copyright fair use doctrine, a district court ruled

Allegations that web site operator actively contributed to content survive CDA Section 230 motion

Proskauer Rose LLP
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USA
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January 11 2011

A complaint alleging that a Web site operator "actively contributes to ... content" on a Web site that contains an allegedly defamatory statement by a third party should not be dismissed pursuant to Section 230 of the Communications Decency Act, 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

Browsewrap attorney fee provision between business parties violates Ohio public policy

Proskauer Rose LLP
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USA
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September 30 2010

An attorney fee provision in a browsewrap license agreement between commercial parties is unenforceable under Ohio law, even though a jury found that the agreement had been breached, because the attorney fee provision was not the product of "free and understanding negotiation," a district court ruled

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

Logo, copyright notice and link on web site constitute copyright management information under DMCA

Proskauer Rose LLP
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USA
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September 30 2010

A photographer's name, logo and link on a Web site containing copyrighted photographs constitute copyright management information within the scope of the Digital Millennium Copyright Act, 17 U.S.C. 1202, a district court ruled

Infringement notices requiring service provider to reference multiple files are insufficient under takedown provisions of DMCA

Proskauer Rose LLP
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USA
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September 30 2010

Notices of claimed infringement that consist of multiple files that a service provider must cross-reference in order to determine the location of infringing content do not satisfy the takedown provisions of the Digital Millennium Copyright Act, a district court ruled