DOs and DON’Ts for Website Privacy Policies

It is easy to become lost in the quagmire of privacy obligations for your website. In the absence of a comprehensive federal privacy law in the United States, individual states are enacting their own privacy laws. For a while it was only California, but now many other states either have enacted laws or have pending […]

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Copyrightability of the Elements of Music Videos and the Challenges of Enforcement

Carolyn Wimbly Martin and Sara Etemad-Moghadam

On February 12, 2024, video game developer Epic Games, Inc. (“Epic”), and pop choreographer Kyle Hanagami (“Hanagami”) agreed to dismiss with prejudice a 2022 lawsuit accusing Epic of ripping off Hanagami’s dance moves for use in Epic’s popular video game “Fortnite.” The U.S. District Court for the Central District of California dismissed the lawsuit, finding […]

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DMCA Takedown Notices: A Valuable Tool for Copyright Holders, Yet Subject to Abuse

Carolyn Wimbly Martin and Margaret Horstman

Under the Digital Millennium Copyright Act (DMCA), internet service providers (ISPs) are protected from liability for the copyright infringements of their users if they adopt certain measures to identify and protect copyrighted works and implement a policy for handling infringers. ISPs cannot have knowledge of specific and identifiable instances of infringement, nor can they be […]

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