Judge Tosses DMCA Defenses, Creating Unexpected Copyright Liability for Web Services In New York

Editor?s note: Sid Venkatesan is an IP partner specializing in high stakes IP disputes and IP counseling for technology companies in the Silicon Valley office of Orrick, Herrington & Sutcliffe LLP.?James Freedman?is an associate in Orrick?s IP group and a recent Stanford Law School graduate.? A New York appellate court has recently ruled in?UMG Recordings v.Escape Media Group that the safe harbor protections that Congress designed for Internet companies do not cover sound recordings made before 1972. The decision is a new and unexpected break with earlier decisions by?state?and federal?trial courts.

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