The court ruled that copyright owners first must assess whether a use of their content is in fact lawful “fair use” before sending a takedown notification under the Digital Millennium Copyright Act (DMCA). Considering fair use involves a balancing of subjective factors, this newly-clarified requirement may make it logistically more difficult and time consuming for content owners to evaluate whether a use of their content discovered online qualifies for takedown notices. This podcast is a companion to our blog post, "Ninth Circuit: Fair Use Diligence is Precondition to DMCA Takedowns."
Patrick J. Concannon is a partner in Nutter's Intellectual Property and Corporate and Transactions Departments, with over 20 years experience devoted to helping businesses establish and protect their brands, including more than ...
David J. Powsner is a partner in Nutter’s Intellectual Property Department, where he advises high-tech companies on a range of complex matters. Clients turn to David for his extensive knowledge of intellectual property law ...
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Maximizing the protection and value of intellectual property assets is often the cornerstone of a business's success and even survival. In this blog, Nutter's Intellectual Property attorneys provide news updates and practical tips in patent portfolio development, IP litigation, trademarks, copyrights, trade secrets and licensing.