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Clipping YouTube — Second Circuit explains limits of DMCA safe harbors
October / November 2012
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 1028
Abstract: Is an online service provider liable when it hosts content that’s copyrighted by another party without that copyright owner’s permission? Providers have claimed protection from copyright infringement liability under the safe harbor provisions of the Digital Millennium Copyright Act (DMCA). But this article looks at a recent decision by the U.S. Court of Appeals for the Second Circuit which explained the limits of that protection. A sidebar shows how the court addressed application of the “willful blindness” doctrine to the DMCA. Citation: Viacom Int’l, Inc. v. YouTube, Inc., No. 10-3270, April 5, 2012 (2nd Cir.)
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Is depression covered by the ADA and FMLA?
July / August 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1028
Abstract: Did firing an employee who suffered from depression violate the Americans with Disabilities Act and the Family and Medical Leave Act? This article discusses why the Eighth Circuit decided that the employee hadn’t met other ADA requirements and also hadn’t given sufficient details about her depression to warrant triggering the FMLA. A sidebar discusses why the Eighth Circuit upheld a jury’s finding that a manager’s depression substantially limited his ability to think and concentrate, so his depression constituted a disability under the ADA. Rask v. Fresenius Medical Care, Battle v. United Parcel Service