[firm] blog logo

#Transparency: Twitter Modifies its DMCA Procedure to Point Out Copyright Complaints

Twitter announced on November 2nd that it was revising its takedown procedures under the Digital Millennium Copyright Act, 17 U.S.C. ?º 512(c). Twitter?ÇÖs new Copyright and DMCA Policy indicates that Twitter will no longer simply delete a tweet that is the target of a DMCA takedown notice.?á The deleted tweet or image will now be replaced by the following statement: ?Ç£This Tweet from @Username has been withheld [or, This image has been removed] in response to a report from the copyright holder.?Ç¥ This change brings Twitter more in line with the practices of certain other online service providers.?á For example, upon receipt of a DMCA notification regarding a YouTube video, Google replaces the video with the message ?Ç£This video is no longer available due to a copyright claim by [copyright holder].?Ç¥?á Not all social media sites conform to this practice, however.?á Facebook, for example, will simply remove infringing content or… Continue Reading

Liability for Fiduciary Breach Not Dischargeable in Personal Bankruptcy

The Department of Labor (?Ç£DOL?Ç¥) sued the president of several related companies to establish his personal liability for more than $67,000 in employee contributions never remitted to the employer sponsored benefit plans and to prevent him from discharging this liability in his pending personal bankruptcy action. Over a nearly three-year period, the companies withheld but never remitted the employee contributions to the companies?ÇÖ group health and 401(k) plans (the ?Ç£Plans?Ç¥). The court concluded that, under ERISA, the president was a ?Ç£functional fiduciary?Ç¥ of the Plans because he exercised discretionary control over plan assets?Çöthe employee contributions?Çöwhen he retained those funds in the companies?ÇÖ general assets to pay other corporate debts, rather than timely remitting them to the Plans as required by ERISA. The president?ÇÖs conduct also violated several other ERISA provisions, including the duty of loyalty, exclusive benefit rule, and prohibited transactions rule. Accordingly, he was personally liable for the unremitted… Continue Reading

November 2012