Intellectual Property Law
New Matter SPRING 2021, Volume 46, Number 1
Content
- 2021 New Matter Author Submission Guidelines
- "a preposition is not something to end a sentence with."
- Contents
- Intellectual Property Section Executive Committee 2019-2021
- Intellectual Property Section Interest Group Representatives 2019-2021
- Ip and Art: An International Perspective
- Letter from the Chair
- Letter from the Editor-in-Chief
- McLe Self-Study Article
- Ninth Circuit Report
- Online Cle For Participatory Credit
- Quarterly International Ip Law Update
- Section 101 Has Reached Detroit
- The California Lawyers Association Intellectual Property Alumni
- The Licensing Corner
- Trade Secret Report
- Ttab Decisions and Developments
- Copyright News
Copyright News
Jo Ardalan
One LLP
SECOND CIRCUIT CLARIFIES THE STANDARD FOR REMOVAL OF COPYRIGHT MANAGEMENT INFORMATION CLAIMS
A unanimous Second Circuit Court of Appeals panel affirmed a judgment against BuzzFeed, Inc. that turned on "a relatively novel issue" concerning the interpretation of Section 1202(b)(3) of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 1202(b) (3).1 At issue was whether plaintiff Gregory Mango was required to prove that Buzzfeed knew, or had reasonable grounds to know, that removing Mango’s copyright management information ("CMI") in conjunction with a photograph it made publicly accessible would lead to third-party infringements. In holding that the DMCA does not impose such a requirement,2 the Second Circuit distinguished the Ninth Circuit’s 2018 decision in Stevens v. Corelogic, Inc.3