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TMT China Brief SummerFall 2016
  • Baker & McKenzie
  • China, Hong Kong, Singapore, USA
  • September 20 2016

On 6 July 2016, a second draft of the Cyber Security Law (Draft 2) was released to the public for comment following its second reading by the


Student Athletes Fight to Keep Fantasy Sports-Related Right of Publicity Claims Alive
  • Klein Moynihan Turco LLP
  • USA
  • August 31 2016

Last week, the plaintiff collegiate athletes in a putative class action lawsuit pending in the Southern District Court of Indiana filed their


Statutory damages: foreign works and the U.S. live broadcast exemption
  • McDermott Will & Emery
  • USA
  • September 16 2009

In a class action led by the Football Association Premier League (FAPL) and U.S. music publishers Bourne against YouTube and its owners Google (The FAPL v YouTube Inc. (US District Court Southern District of New York)) filed on 4 May 2007, a U.S. District Court judge held that, because the FAPL did not register its broadcasts of Premier League matches with the US Copyright Office, it cannot claim statutory damages under the US Copyright Act against YouTube in respect of allegedly copyright infringing material uploaded by users to the video sharing site


Court holds that YouTube is entitled to DMCA safe harbor from claims of copyright infringement filed by copyright holders
  • Loeb & Loeb LLP
  • USA
  • June 24 2010

A federal district court in the Second Circuit held that YouTube is entitled to the DMCA 512(c) safe harbor because it had insufficient notice of the particular infringements


Sony BMG Music Entertainment, et al. v. Tenenbaum
  • Loeb & Loeb LLP
  • USA
  • August 5 2009

In copyright infringement action involving peer-to-peer file sharing, court grants plaintiff record companies’ motion for summary judgment on the issue of defendant’s fair use defense and jury awards plaintiffs $675,000 for willful infringement of 30 copyrighted works


Limited damages available under DMCA 512(f) for wrongful takedown notice
  • Proskauer Rose LLP
  • USA
  • April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled


Second Circuit clarifies “use in commerce” requirement for trademark infringement claims involving keyword advertising
  • Katten Muchin Rosenman LLP
  • USA
  • December 17 2009

On April 3, the U.S. Court of Appeals for the Second Circuit reversed a dismissal by the U.S. District Court for the Northern District of New York of a lawsuit filed by Rescuecom Corp. against Google Inc., thus forcing Google to defend itself and its AdWords and Keyword Suggestion Tool programs against Rescuecom’s allegations of trademark infringement


You twit face! Protecting your IP in the world of YouTube, Twitter and Facebook: a practical protection guide for the IP owner
  • Gardere
  • USA
  • January 22 2010

Social media sites such as YouTube, Twitter and Facebook present significant opportunities for individuals and businesses to communicate with extensive numbers of people in ways never before envisioned


UMG v. Augusto: allowing the sale of promotional CDs under the first sale doctrine could affect much more than the music industry
  • Sheppard Mullin Richter & Hampton LLP
  • USA
  • July 17 2008

In a decision that could have far-reaching implications for technology licenses of all types, the U.S. District Court for the Central District of California recently held that the first sale doctrine permits a recipient of promotional CDs to sell them online without violating the license pursuant to which the CDs were distributed and without being liable for copyright infringement


Note to musical performersyou are only “entertaining” when you are performing live
  • Dykema Gossett PLLC
  • USA
  • September 5 2014

All of you Vine Starsyou may think you are entertaining with your online performances, but according to the U.S. Patent and Trademark Office (PTO