Davis Wright Tremaine attorneys David Oxenford and Rob Driscoll conducted a seminar – Using Music in Digital Media: Business and Legal Issues – on June 16, 2010 in New York City. The seminar was presented to attorneys from committees of the New York State and New York City bar associations. In the seminar, Dave and
user generated content
Digital Media Issues for Broadcasters and FCC Issues Discussed At Oklahoma Association of Broadcasters Convention
Using music on your website, employees on Facebook or twitter, doing podcasts? Everyone needs a guide to the legal issues that you may face as broadcasters move their content to new platforms. At the Convention of the Oklahoma Association of Broadcasters, held in Oklahoma City on March 18-19, David Oxenford…
David Oxenford Speaks on Panel on the Digital Millennium Copyright Act at the Future of Music Coalition Policy Summit
On October 6, 2009, David Oxenford participated in a panel called "Post-Millennium Analysis: The DMCA in the 21st Century" at the Future of Music Coalition’s Policy Summit in Washington, DC. Other panelists included David Carson, General Counsel of the US Copyright Office, and Mitch Glazer, Executive Vice President, Government and Industry Relations for the RIAA. The…
Court Affirms Website Owner’s Insulation from Liability for User-Generated Content – If the Website Does Not Contribute to the Liability
Website operators who allow the posting of user-generated content on their sites enjoy broad immunity from legal liability. This includes immunity from copyright violations if the site owner registers with the Copyright Office, does not encourage the copyright violations and takes down infringing content upon receiving notice from a copyright owner (see our post here for more information). There is also broad immunity from liability for other legal violations that may occur within user-generated content. In a recent case, involving the website Roommates.com, the US Court of Appeals determined that the immunity is broad, but not unlimited if the site is set up so as to elicit the improper conduct. A memo from attorneys in various Davis Wright Tremaine offices, which can be found here, provides details of the Roommates.com case and its implications.
In the case, suit was filed against the company, alleging violations of the Fair Housing Act, as the site had pull-down menus which allowed users to identify their sex, sexual orientation, and whether or not they had children. Including any of this information in a housing advertisement can lead to liability under the law. The Court found that, if this information had been volunteered by users acting on their own, the site owner would have no liability. But because the site had the drop-down menus that prompted the answers that were prohibited under the law, liability was found.Continue Reading Court Affirms Website Owner’s Insulation from Liability for User-Generated Content – If the Website Does Not Contribute to the Liability
China Adopts New Rules on Streaming Media
While US webcasters may think that they have legal issues – whether it be the Internet radio music royalties that have been such a concern (see our coverage, here) or the copyright and other liability issues that surround user-generated content on various websites (see our story here), they face nothing like new rules that…
Avoiding Liability for Websites that Post User Generated Content
Website operators planning to allow visitors to post their own "user generated content" can, for the most part, take solace that they will not be held liable for third-party posts if they meet certain criteria. The Communications Decency Act provides protection against liability for torts (including libel, slander and other forms of defamation) for website operators for third-party content posted on their site. The Digital Millennium Copyright Act provides protection against copyright infringement claims for the user-generated content, if the site owner observes certain "safe harbor" provisions set out by the law. The requirements for protection under these statutes, and other cautions for website operators, are set out in detail in our firm’s First Amendment Law Letter, which can be found here.
As detailed in the Law Letter, the Communications Decency Act has been very broadly applied to protect the operator of a website from liability for the content of the postings of third parties. Only recently have courts begun to chip away at those protections, finding liability in cases where it appeared that the website operator in effect asked for the offending content – as in a case where the owner of a roommate-finder site gave users a questionnaire that specifically prompted them to indicate a racial preference for a roommate – something which offends the Fair Housing Act. However, as set forth in the Law Letter, absent such a specific prompt for offending information, the protections afforded by this statute still appear quite broad.Continue Reading Avoiding Liability for Websites that Post User Generated Content