Author Archives: John DiGiacomo

Mr. Maximillian Schrems is an Austrian national, living in Austria and has used Facebook since 2008.[1] On June 25, 2013, Mr. Schrems brought a complaint to the Data Protection Commissioner (the “Commissioner”) asking that the Commissioner use their statutory powers to prohibit Facebook Ireland from transferring personal data to Facebook Inc., which sits within the […]

Last week, the Ninth Circuit Court of Appeals handed down a ruling in the “dancing baby” case that will affect every copyright holder that seeks to send out a DMCA takedown request. The court held that a copyright holder must consider an infringer’s fair use before sending out a takedown notice, or open itself up […]

Last week, a California Appellate Court ruled that criminal charges of threatening violence against a crime victim could be brought against an amateur rapper who posted a video on Facebook rapping about killing the rape victims of his incarcerated crewmember. While the appellate ruling was procedural in nature,[1] the decision allows state prosecutors to try […]

A new copyright troll lawsuit has been filed in the Eastern District of Michigan by the owner of the copyrighted motion picture The Cobbler (Plaintiff). Plaintiff is gathering IP addresses of John Doe defendants that allegedly downloaded The Cobbler without permission using a BitTorrent platform. Plaintiff’s lawsuit is a classic example of copyright trolling, a […]

In this episode, we celebrate the 4th of July holiday by discussing the US’s new trade agreement, the Trans-Pacific Partnership. Music: The Underscore Orkestra – “Americana Jam” The Willing – “America” Cletus Got Shot – “American Dream” Transcript: Hello everyone. You’re listening to “Asked and Answered,” number 7. I am John Di Giacomo. I’m internet […]

An interesting debate is emerging in the US Copyright Office: what, if anything, should the US Copyright Office do about the materials that are used in 3D printers? Under Section 1201 of the Copyright Act, “No person shall circumvent a technological measure that effectively controls access to a work protected under this title.” In the […]

While the Copyright Act of 1976 (hereinafter Copyright Act) does not explicitly recognize indirect liability, courts have held third parties liable for copyright infringement under two common law doctrines. They include: contributory Infringement; and vicarious Liability. In the Copyright Act, “Congress recognized secondary liability, [also referred to as indirect liability], in the grant of rights […]

As stated in Statutory Damages Under Copyright Law, “an infringer of copyright is liable for either — (1) the copyright owner’s actual damages and any additional profits of the infringer; or (2) statutory damages.” 17 U.S.C. §504(a). In addition to the actual damages entitled to the copyright owner who suffered as a result of the […]

With viral videos racking in around four billion views per day on Facebook, several copyright infringement issues are becoming more apparent, and they are stemming from these popular videos. According to a recent article in the Business Insider, “There is more money than ever before in online video. YouTube stars like Zoella, [also known as […]

Under the Copyright Act of 1976 (hereinafter Copyright Act), “an infringer of copyright is liable for either: (1) the copyright owner’s actual damages and any additional profits of the infringer; or (2) statutory damages.” 17 U.S.C. §504(a). Statutory Damages Defined Statutory damages are damages that may be awarded in civil law and are stipulated in […]