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Copyrights & Trademarks: |
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| LENZ V. UNIVERSAL MUSIC CORP. AND THE POTENTIAL EFFECT OF FAIR USE ANALYSIS UNDER THE TAKEDOWN PROCEDURES OF §512 OF THE DMCA |
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2009 Duke L. & Tech. Rev. 010
Copyrights & Trademarks
11/25/2009
The notice and takedown/putback procedures in §512 of the Digital Millennium Act fail to adequately protect the rights of individuals who post content on the internet. This iBrief examines the notice and takedown/putback procedures and Judge Fogel's decision in Lenz v. Universal Music Corp., which requires a copyright owner to conduct a fair use evaluation prior to issuing a takedown notice. This iBrief concludes such a requirement is an appropriate first step towards creating adequate protection for user-generated content on the Internet. |
Archived Articles >>>
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Title: |
Date
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| A HYPOTHETICAL NON-INFRINGING NETWORK: AN EXAMINATION OF THE EFFICACY OF SAFE HARBOR IN SECTION 512(C) OF THE DMCA |
11/11/2009 |
| COMMERCIAL SKIPPING TECHNOLOGY AND THE NEW MARKET DYNAMIC: THE RELEVANCE OF ANTITRUST LAW TO AN EMERGING TECHNOLOGY |
8/18/2009 |
| CIRCUMVENTING ACCESS CONTROLS UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT: ANALYZING THE SECUROM DEBATE |
6/29/2009 |
| SPORE, DRM, AND PIRATES: UCITA AND MARKET REALITIES |
4/16/2009 |
| CIRCUMVENTING AUTHORITY: LOOPHOLES IN THE DMCA’S ACCESS CONTROLS |
03/4/09 |
| ON THE PERILS OF INADEQUATE ANALOGIES |
4/3/2008 |
| DOMAIN TASTING IS TAKING OVER THE INTERNET AS A RESULT OF ICANN’S "ADD GRACE PERIOD" |
12/13//07 |
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THIS TOWN AIN’T BIG ENOUGH FOR THE BOTH OF US--OR IS IT? REFLECTIONS ON COPYRIGHT, THE FIRST AMENDMENT AND GOOGLE’S USE OF OTHERS’ CONTENT |
6/11/2007 |
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IS KELLY SHIFTING UNDER GOOGLE'S FEET? NEW NINTH CIRCUIT IMPACT ON THE GOOGLE LIBRARY PROJECT LITIGATION | 3/8/2007 |
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DOES INFORMATION BEGET INFORMATION? | 2/7/2007 | |
NEWSGROUPS FLOAT INTO SAFE HARBOR, AND COPYRIGHT HOLDERS ARE SUNK | 11/13/2006 | |
INJUNCTION JUNCTION: REMEMBERING THE PROPER FUNCTION AND FORM OF EQUITABLE RELIEF IN TRADEMARK LAW | 5/5/2006 | |
DOWNLOAD, STREAM, OR SOMEWHERE IN BETWEEN: THE POTENTIAL FOR LEGAL MUSIC USE IN PODCASTING | 4/13/2006 | |
UNFINISHED BUSINESS: ARE TODAY'S P2P NETWORKS LIABLE FOR COPYRIGHT INFRINGEMENT? | 10/4/2005 | |
KEYWORD-LINKED ADVERTISING, TRADEMARK INFRINGEMENT, AND GOOGLE'S CONTRIBUTORY LIABILITY | 9/1/2005 | |
GOOGLE LIBRARY: BEYOND FAIR USE? | 4/15/2005 | |
TELEVISION: PEER-TO-PEER'S NEXT CHALLENGER | 3/31/2005 | |
UK'S IMPLEMENTATION OF THE ANTI-CIRCUMVENTION PROVISIONS OF THE EU COPYRIGHT DIRECTIVE: AN ANALYSIS | 1/22/2004 | |
LIGHTS, CAMERA, LAWSUIT | 11/26/2003 | |
UNINTENDED CONSEQUENCES: STATE MERGER STATUTES AND NONASSIGNABLE LICENSES | 10/13/2003 | |
STRENGTHENING THE DISTINCTION BETWEEN COPYRIGHT AND TRADEMARK: THE SUPREME COURT TAKES A STAND | 9/30/2003 | |
ARE WE LEGISLATING AWAY OUR SCIENTIFIC FUTURE? THE DATABASE DEBATE | 9/22/2003 | |
STUDENTS, MUSIC AND THE NET: A COMMENT ON PEER-TO-PEER FILE SHARING | 9/17/2003 | |
ELDRED V. ASHCROFT: HOW ARTISTS AND CREATORS FINALLY GOT THEIR DUE | 5/19/2003 | |
REALITY BITES: HOW THE BITING REALITY OF PIRACY IN CHINA IS WORKING TO STRENGTHEN ITS COPYRIGHT LAWS | 2/11/2003 | |
INTERNET SERVICE PROVIDER LIABILITY FOR CONTRIBUTORY TRADEMARK INFRINGEMENT AFTER GUCCI | 12/9/2002 | |
THE EXTRATERRITORIAL REACH OF TRADEMARKS ON THE INTERNET | 6/4/2002 | |
AN INTERVIEW WITH CASPAR BOWDEN | 4/30/2002 | |
COURT GIVES THUMBS-UP FOR USE OF THUMBNAIL PICTURES ONLINE | 4/16/2002 | |
Universal City Studios, Inc. V. Corley : The Constitutional Under Pinnings of Fair Use Remain in Open Question | 2/14/2002 | |
MUSICNET & PRESSPLAY: TO TRUST OR ANTITRUST? | 11/12/2001 | |
HACKING DIGITAL VIDEO RECORDERS: POTENTIAL COPYRIGHT LIABILITY FOR DVR HACKERS AND SERVICE PROVIDERS | 8/17/2001 | |
COPYRIGHTS IN COMPUTER-GENERATED WORKS: WHOM, IF ANYONE, DO WE REWARD? | 7/11/2001 | |
THE FIRST SALE DOCTRINE AND DIGITAL PHONORECORDS | 5/31/2001 | |
THE FUTURE OF DATABASE PROTECTION IN U.S. COPYRIGHT LAW | 5/22/2001 | |
THE FATE OF NAPSTER: DIGITAL DOWNLOADING FACES AN UPHILL BATTLE | 3/18/2001 | |
CYBERSQUATTING: THE LATEST CHALLENGE IN FEDERAL TRADEMARK PROTECTION | 2/28/2001 |
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