Do you need the answer right now to one particular question
about the DMCA and its (so-called) "Safe Harbors"? Here
you go! But be warned: we're painting with a broad brush, so
you will have to go further—including seeking legal
advice—for more precise and nuanced answers for your actual
situation. This guide is not legal advice.
The Digital Millennium Copyright Act of 1998 (the
"DMCA") sought to balance the interests of copyright
holders who were afraid of the large scale copyright infringement
that they anticipated with the onset of user-submitted content and
the interests of owners and operators of Internet websites who
wanted to allow their users to post content and communications
without the operators being held liable for possible infringing
acts of some of their users.
The DMCA's solution: copyright law would treat online
service providers ("OSPs") as innocent middle-men in the
underlying disputes between copyright holders and users who posted
infringing content—provided the OSPs met certain conditions.
The DMCA's "safe harbor" regime offers immunity to
claims of copyright infringement if (among other requirements)
online service providers promptly remove or block access to
infringing materials after copyright holders give appropriate
But the devil is in the details. To flag one key point: cribbing
a DMCA policy from another website and posting it on yours is not
enough; if that is all you do, you will not avail yourself of the
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Hear remarks from national and local leaders in intellectual property, including a keynote from Mary Boney Denison, Commissioner for Trademarks, U.S. Patent and Trademark Office, and meet innovators from the community showcasing technology that supports this year's theme "Innovation--Improving Lives." World IP Day is celebrated around the world to promote discussion of the role of intellectual property in encouraging innovation and creativity.
27 Apr 2017, Seminar, San Francisco, United States
The Institute is designed to be of ultimate practice value to all three subgroups in the patent law community: patent prosecutors, patent litigators, and strategic/transactional lawyers. The two-day schedule includes six plenary sessions of interest to all patent lawyers and six breakout sessions in each of the three subgroups.
Five years in and the AIA continues to transform IP litigation’s rules of engagement. The one certainty so far: in-house counsel need to constantly adjust their Defensive strategies to ensure their patents’ survival. An up-to-date perspective on the (dis)advantages of new, as well as existing tools, is critical for a smart, cost-effective strategy.
In Wasica Finance GmbH v. Continental Automotive Systems, Inc., No. 15-2078 (Fed. Cir. 2017), the patentee Wasica Finance discovered, among other things, the importance of using consistent terminology in the patent specification and claims.
While under attack for several years now, the patent infringement defense of laches was dealt a serious, and likely final, blow by the recent Supreme Court case of SCA Hygiene Products AB et al. v. First Quality Baby Products LLC et al.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
On April 6, 2017, the Federal Circuit reversed-in-part and affirmed-in-part the district court's judgment of infringement and summary judgment for non-infringement of The Medicines Company's ("MedCo") patents-in-suit.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).