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Time is Running Out for Retailers to Register DMCA Agent, Preserve Safe Harbor Protections

Retailers who host third-party content and comments on their websites have until the end of 2017 to register as internet service providers through the new online system in order to preserve their protections under the Digital Millennium Copyright Act’s (“DMCA”) safe harbor provisions. The online system launched about a year ago, and if service providers do not register before the end of 2017, any designations submitted before December 2016 will expire and become invalid, which could result in a service provider losing the safe harbor protections.

Previously, agent designations were submitted to the Copyright Office in paper form.  The Copyright Office would then make those forms available through an online index of internet service providers.  The paper-generated directory contains significant inaccuracies and outdated information.  Under the new system, DMCA agents are required to register through the online system, and update their contact information to renew their designations at least every three

Woman Claims Her Picture is Worth $2 Billion in Right of Publicity Suit

Could a promotional photograph of a restaurant scene that includes a customer with her hand partially obscuring her face be worth more than $2 billion?  That’s what a lawsuit brought by the customer claims.

In an action pending in the U.S. District Court for the District of Colorado, plaintiff Leah Caldwell of Sacramento, California, who is representing herself, claims the restaurant chain Chipotle used the “iconic” image of her for advertising between 2006 and 2015.  The lawsuit includes a claim for right of publicity under California’s misappropriation statute, stemming from Ms. Caldwell’s allegation that she is “readily identifiable and depicted in the photograph as a woman of color wearing a white, long-sleeved shirt, hair up, and large eyes looking directly at the camera.”  Ms. Caldwell says that she was approached by the photographer on the day of the photo shoot, which took place at a Chipotle restaurant in Denver, Colorado,

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