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Vicarious copyright infringement requires a showing of supervision or control

McDermott Will & Emery
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USA
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April 30 2013

In an opinion that elaborates on the degree of third-party supervision required in order to attach vicarious copyright infringement liability, the U.S

No “safe harbor” for BitTorrent website operator

McDermott Will & Emery
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USA
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April 30 2013

The U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment ruling in favor of seven film studios finding that the defendant induced

Question on web browsing and copyright infringement referred to CJEU

McDermott Will & Emery
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Belarus, United Kingdom
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April 30 2013

On 17 April 2013, the Supreme Court of England and Wales provisionally held in Public Relations Consultants Association Ltd v The Newspaper Licensing

DMCA safe harbor analysis now the same in both Ninth and Second Circuits

McDermott Will & Emery
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USA
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April 30 2013

The U.S. Court of Appeals for the Ninth Circuit has withdrawn its 2011 opinion applying the "safe harbor" provision of the Digital Millennium

Web-linking is not necessarily copying

McDermott Will & Emery
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USA
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September 28 2012

The U.S. Court of Appeals for the Seventh Circuit has determined that an entity that provides a link to copyrighted material should not be held liable as a contributory copyright infringer if users of the site bookmarked, but did not upload, the copyrighted material to the site servers

Statutory provision on royalty judges violates appointments clause

McDermott Will & Emery
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USA
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August 30 2012

The U.S. Court of Appeals for the District of Columbia Circuit ruled that the position of Copyright Royalty Judges (CRJs) violates the Appointments Clause of the U.S. Constitution, but remedied the violation by invalidating and severing restrictions on the Librarian of Congress’s ability to remove the CRJs

How deep is the safe harbor?

McDermott Will & Emery
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USA
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May 30 2012

In a case that has now been in litigation for more than five years, and in an appeal that drew close to a hundred amici briefs, the U. S. Court of Appeals for the Second Circuit has explained its position on the contours of the Digital Millennium Copyright Act's (DCMA's) safe harbor provision that limits the liability of online service providers who permit users to post content on their websites

DMCA safe harbor held to protect content-sharing website

McDermott Will & Emery
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USA
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January 31 2012

The U.S. Court of Appeals for the Ninth Circuit affirmed summary judgment in favor of a defendant “video-sharing” website, holding that defendant is protected from liability for copyright infringement under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA

ISP not responsible for preventing illegal downloading: CJEU decision finds filtering system would infringe ISP’s business rights and customers’ freedom

McDermott Will & Emery
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European Union
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January 12 2012

In Scarlet Extended SA v Société belge des auteurs, compositeurs et éditeurs SCRL C-7010 24 November 2011, the Court of Justice of the European Union found that imposing an injunction on an internet service provider (ISP) requiring it to install a filtering system to prevent illegal downloading is unlawful under European law

Constitutional challenge to (file sharing) damage award rebuffed

McDermott Will & Emery
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USA
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October 31 2011

The U. S. Court of Appeals for the First Circuit was less sympathetic than the district court to a Boston College graduate student who was found to have used file sharing software to distribute copyrighted music, concluding that the district court erred in reducing the damage award based on due process concerns

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