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One of the motivations for enacting the Digital Millennium Copyright Act (DMCA), 17 U.S.C. ’1201 et seq., was the acknowledgement by Congress of “the ease with which pirates could copy and distribute a copyrightable work in digital form was overwhelming the capacity of conventional copyright enforcement to find and enjoin unlawfully copied material.” See, Universal City Studios v. Corley, 273 F.3d 429 (2d Cir. 2001). Among the provisions created to redress this rampant infringement were the prohibitions against: 1) removing copyright management information (CMI); and 2) circumventing technological measures in place to prevent infringement. See, 17 U.S.C. ”1202(c), 1201(a). CMI is defined in the DMCA as information communicated with a copyrighted work which identifies the nature of the copyright. In one notable case involving CMI, a news organization was found to have violated the DMCA by knowingly distributing pictures with CMI that included authorship credit attributed to the wrong photographer. These two DMCA prohibitions are included in a broader category of protections afforded copyright holders called digital rights management (DRM), which is an access control technology used to prevent misuse of copyrighted works.
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By Alan Friel and Stephanie Lucas
The importance of promoting brands and products on digital platforms has continued to grow as advertisers are learning how to use social media to reach out to specific populations by harnessing the power and goodwill of the people on these platforms that are popular with and influence particular niche groups of interest. These so-called “influencers” can have thousands, or even millions and tens of millions of followers. But when is the influencer an objective critic, and when is she a paid spokesperson?
Artificially Intelligent Blockchain of Things: Examining Legal Tech’s Biggest Buzzwords
By Ian Lopez
Panelists at ALM Cybersecure 2017 Delved Into the Year’s Biggest Legal Technology Buzzwords and the Hype Fueling Their Popularity
Legal technology has no shortage of buzzwords. The latest slew to take the industry by storm were the topic conversation in a Dec. 5 panel at ALM’s CyberSecure event in New York.
Internet Goods and Product Liability
By Jonathan Bick
The Internet’s value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
Ransomware: What to Do When It Happens to You
By Kiran Raj and Mallory Jensen
In the event that your company is the victim of a ransomware attack, this article provides steps to be taken as part of its response to such an incident. It is meant to be a helpful guide, but the best response generally will depend on different factors, including the scope and severity of the attack, availability of remediation measures, and business sensitivities.
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