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Copyright Office Updates Takedown Notice Agent Registration
The Copyright Office has mandated a new procedure for how online service providers — including websites, hosting companies, mobile app publishers and other online services that permit user-generated content — must designate an agent to receive notifications of claimed infringement under the Digital Millennium Copyright Act (DMCA). The new procedure is electronic and will be both faster and less expensive than the prior process. However, service providers that have already appointed agents with the Copyright Office must submit a new designation through the electronic system by Dec. 31, 2017, to maintain the “safe harbor” from copyright infringement.
In enacting the DMCA in 1998 to address copyright infringement on the Internet, Congress set out a notice and takedown procedure for copyright owners to report claimed infringement to the designated agent of an online services provider. Service providers are broadly defined as “a provider of online services or network access” for material stored in the service provider's network or system by a user. That's the “notice” part.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.