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Failure to Register Copyrights in the U.S. Can Bar Statutory Damages for Infringements

A decision delivered by the Federal Court of Appeals for the Fifth Circuit in Louisiana held that copyright owners which neglect to register the copyright of their work before an infringer’s initial infringement of the work are not entitled to statutory damages even for post-registration infringements by the infringer. These owners will be required to prove actual damages and also ...

Google's Ad Network Prepares for the California Consumer Privacy Act

Google announced that it will allow websites and apps using its advertising tools to block personalized advertisements to consumers with Internet addresses originating in California or any other jurisdiction as part of the preparations for the California Consumer Privacy Act (CCPA) that enters into effect on January 1, 2020. 

Under the CCPA, businesses are obligated to allow consumers to opt-out ...

Redistributing E-Books Online Constitutes Copyright Infringement, Says EU's High Court

The Court of Justice of the European Union (“CJEU”) has held that a company making available second-hand e-books on its website to members of its reading club engages in a “communication to the public” that infringes the author’s rights under the EU Directive 2001/29 on copyrights (the “Copyright Directive”). The CJEU held that the copyright rule of exhaustion, under which ...

UK Privacy Regulator Publishes Draft Code of Practice on Direct Marketing

The UK privacy regulator – the Information Commissioner’s Office (ICO) – published for public comments its draft code of practice for entities engaging in direct marketing. The code aims to provide practical guidance and recommendations for organizations using direct marketing in compliance with the GDPR and the e-Privacy Directive as applied in the United Kingdom (the Privacy and Electronic ...

Israel: Sharing a Post on Social Media May Constitute Defamation. Liking it Will Not.

In a recent decision, the Israeli Supreme Court held that sharing a defamatory post on social media platforms may itself constitute a defamatory re-publication subject to liability under the Israeli Anti-Defamation Law, while merely ‘liking‘ a defamatory post will not give rise to liability. 

The court explained that the definition of “publication” under the law is interpreted broadly to include ...

December GDPR Updates: Right to be Forgotten, Access Requests, Facial Recognition and More

EDPB guidelines on the right to be forgotten in search engines. The European Data Protection Board (“EDPB”) released for public comments its draft guidelines on the right to be forgotten under the General Data Protection Regulations (“GDPR”), as it applies to online search engines. 

The draft distinguishes between delisting requests and full erasure requests. Requests to delist seek to ...

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