Posts Tagged: Website

New New York Federal Court Ruling Not in Bed with Ninth Circuit on Embedding Issue

Alert to Businesses Who Link or Embed Copyrighted Content on their Website or Social Media

Embedding or “on-line linking” has been considered an accepted method of posting others’ copyrighted material.  Get the content directly from the third-party server, skip putting it on your server, and all’s good.  In fact, in 2007, the Ninth Circuit Court of Appeals seemed to have provided a blessing for this practice.  But Caveat Webitor.  Online publishers (and conceivably everyone else who posts content on social media) cannot feel so comfortable with this position. (more…)

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A Trap for the Unwary: DMCA Safe Harbor Registration Alert

Under the Digital Millennium Copyright Act (DMCA) to take advantage of the safe harbor from copyright infringement liability, an online service provider (OSP) has to register and designate an agent with the US Copyright Office to receive “takedown notices” of user-generated content – the notices from the actual copyright holder saying, essentially, “hey, someone posted my stuff on your website, so take it down!”  Previously, one-time paper registration was all that was needed.

Now, the US Copyright Office recently announced significant changes to the registration/agent designation process effective December 1, 2016 affecting all OSPs (even those already registered). (more…)

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