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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

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

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

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

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

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

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

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