January 01, 2015

“Oh No They Didn’t!”: Recent DMCA Decision Has Unfortunate Consequences

Jennifer L. Dollard

Last month, the US Court of Appeals for the Ninth Circuit issued an opinion that will make it more difficult for content-hosting platforms to rely on the safe harbor provisions of the Digital Millennium Copyright Act (DMCA). Mavrix Photographs, LLC v. LiveJournal, Inc., No. 14-56596, 2017 U.S. App. LEXIS 6028 (9th Cir. Apr. 7, 2017)(Mavrix). Copyright owners rejoiced in response, but the Mavrix decision will likely have broad ramifications on what screening procedures, if any, service providers will adopt for user-generated material going forward.

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