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Copyright holders must consider fair use before issuing DMCA takedown notification
  • McDermott Will & Emery
  • USA
  • October 30 2015

The U.S. Court of Appeals for the Ninth Circuit ruled that copyright holders must consider the fair-use doctrine prior to issuing a takedown


The Newspaper Licensing Agency Ltd v Meltwater Holding BV: online commercial media monitoring services and the end user licence debate
  • McDermott Will & Emery
  • United Kingdom
  • January 25 2011

This ruling from Mrs Justice Proudman confirms that businesses using an online commercial media monitoring service require a licence from the Newspaper Licensing Agency Ltd


Dismissal but No Fees for Innocent BitTorrent Defendant
  • McDermott Will & Emery
  • USA
  • January 29 2016

Addressing whether a copyright infringement action based solely on IP addresses is frivolous or unreasonable, such that attorneys’ fees should be


Google Books is transformative and therefore a fair use
  • McDermott Will & Emery
  • USA
  • November 30 2015

Addressing the boundaries of fair use in Copyright Law, the U.S. Court of Appeals for Second Circuit found that the making of digital copies of tens


Web-linking is not necessarily copying
  • McDermott Will & Emery
  • USA
  • 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


Constitutional challenge to (file sharing) damage award rebuffed
  • McDermott Will & Emery
  • USA
  • 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


Searching for photos? Go ahead, Google those thumbnails
  • McDermott Will & Emery
  • Germany
  • June 30 2010

The German Federal Supreme Court has decided that Google is not liable for unlawful copyright infringement for displaying thumbnail preview images of the artist's photographs in its search engine


CJEU holds ISPs may be ordered to block customer access to websites infringing copyright
  • McDermott Will & Emery
  • European Union
  • May 8 2014

On a reference from the Supreme Court of Austria, the Court of Justice of the European Union (CJEU) in UPC Telekabel Wien GmbH v Constantin Film


Court of Justice of the European Union holds that ISPs may be ordered to block customer access to websites infringing copyright
  • McDermott Will & Emery
  • European Union
  • April 30 2014

On a reference from the Supreme Court of Austria, the Court of Justice of the European Union (CJEU) has held that ISPs may be ordered to block their


Is “insolubly ambiguous” the correct standard to determine compliance with Sec 112?
  • McDermott Will & Emery
  • USA
  • February 5 2014

The U.S. Supreme Court granted certiorari on a petition challenging the U.S. Court of Appeals for the Federal Circuit's standard for determining when