Lenz v. Universal Music Corp. And the Potential Effect of Fair Use Analysis Under the Takedown Procedures of ยง512 of the DMCA

By: Kathleen O’Donnell The notice and takedown/putback procedures in §512 of the Digital Millennium Act fail to adequately protect the rights of individuals who post content on the internet. This iBrief examines the notice and takedown/putback procedures and Judge Fogel’s decision in Lenz v. Universal Music Corp., which requires a copyright owner to conduct a fair use evaluation prior to issuing a takedown notice. This iBrief concludes such a requirement is an appropriate first step towards creating adequate protection for user-generated content on the Internet. Download Full Article (PDF) Cite: 2009 Duke L. & Tech. Rev. 010

A Hypothetical Non-Infringing Network: An Examination of the Efficacy of Safe Harbor in Section 512(C) of the DMCA

By: Cassius Sims This iBrief will present a hypothetical network that allows dissidents to transfer information outside the watchful eye of an oppressive government. It will argue that because a network operator meets the requirements of the safe harbor of section 512(c) of the Digital Millennium Copyright Act, the hosts of the network are immune from any vicarious copyright liability. Download Full Article (PDF) Cite: 2009 Duke L. & Tech. Rev. 009