Consider Fair Use Before Requesting DMCA Takedown

In September, 2015, the Ninth Circuit held that before a copyright owner issues a DMCA notice, the owner must make a “subjective good faith” analysis regarding fair use. An owner who neglects to make this far use analysis is liable for damages for copyright misrepresentation under 17 USC § 512(f). (more…)

In this case, the dictates of good eyes and common sense lead inexorably to the conclusion that there is no substantial similarity between Plaintiff’s works and the allegedly infringing compositions of McGinley. Although the Court declines to conduct an exhaustive inventory of the 150 allegedly infringing images, a representative sample illustrates and confirms this result. (more…)

When we create something — let’s say a photograph — we own the copyright, which is our exclusive right as the author to own that work. We control who else can use our work and in what manner. For example, I could allow someone to print my photograph or adapt it in a piece of art. Rather than establishing verbal agreements, I can distribute my work with a license that sets the guidelines for use. (more…)

Jamie writes, “A photographer filed on Monday a $1 billion copyright infringement suit in New York against Getty Images’ American arm, alleging that the company is sending out letters demanding licensing fees for her photos that were donated to the Library of Congress.” (more…)

Some day, your life may depend on the work of a security researcher. Whether it’s a simple malfunction in a piece of computerized medical equipment or a malicious compromise of your networked car, it’s critically important that people working in security can find and fix the problem before the worst happens. (more…)