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Ninth Circuit Construes Family Movie Act and Affirms Injunction Against Streaming Service

By Jacob C. Jones and David G. Barker In December 2016, a California federal court issued a preliminary injunction against VidAngel, Inc.’s custom-filtered video streaming service.  Thursday, in Hollywood Studios v. VidAngel, Inc., a Ninth Circuit panel affirmed the injunction, agreeing that Disney, Fox, and Warner were likely to prevail on their copyright infringement and technology […]

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Ninth Circuit: Copyright Holders Must Consider Fair Use Before Sending DMCA Takedown Notices

The Ninth Circuit held last week in Lenz v. Universal Music Corp. (the “dancing baby” case) that a copyright holder must consider fair use before sending a takedown notice under the Digital Millennium Copyright Act (DMCA). Without first considering fair use, the copyright holder cannot have formed the required subjective good faith belief that the […]

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The Ninth Circuit Clarifies Scope of DMCA Safe-Harbor Provision

The Ninth Circuit Court of Appeals has clarified the scope and nature of liability for online service providers when users upload infringing content to services such as media hosting sites.  The Ninth Circuit’s March 14, 2013 decision vacated and replaced the court’s prior decision in UMG Recordings v. Shelter Capital Partners, 667 F.3d 1022 (2012) […]

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