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Win is an experienced IP attorney who clients trust to provide practical, responsive, and business-savvy counseling.

The U.S. District Court for the Northern District of Illinois found on April 22, 2024, that those submitting copyright takedown notices under the Digital Millennium Copyright Act (DMCA) must consider whether the materials claimed to be infringed were eligible for copyright protection prior to submitting the takedown notices.[1] Failing to make this evaluation—similar to a submitting party’s duty to consider fair use prior to takedown[2]—could lead to liability under Section 512(f) of the DMCA for parties who knowingly and materially misrepresent that third-party content is infringing in a takedown request. A knowing representation can be inferred from business practices that constitute “head in the sand” willful blindness—a meaningful risk for companies who handle their DMCA takedowns in-house and without input from legal counsel. Under the wrong circumstances, erroneous DMCA takedowns can lead to liability for tortious interference as well.Continue Reading District Court Decision Indicates Liability for Erroneous DMCA Takedowns