Whitaker Chalk attorneys play an active role both in and out of the courtroom. Check out our latest news below or search for past articles by attorney, practice area or keyword.

Keep up to date with all of our Whitaker Chalk news. Sign up today.

Copyright Owners Now Have Duty to Consider “Fair Use” Before Issuing Takedown Notice

The US 9th Circuit Court of Appeals opinion has ruled that copyright owners—before issuing takedown notices under the Digital Millennium Copyright Act—have a duty to consider whether subject video postings constitute fair use.

While “fair use” has traditionally been viewed as a defense for defendants to raise, this ruling effectively changes fair use to an element of whether a user is infringing in the first place.  A copyright owner’s failure to consider fair use before sending a takedown notice can now create liability for the copyright owner.

  • Higher Standards. Higher Expectations.

  • John Allen Chalk named “Silver Client Champion” by Martindale-Hubble

     

  • Trusted counsel. Proven results. Since 1978.

  • Whitaker Chalk Swindle & Schwartz PLLC has been included in the 2019 "Best Law Firms" List by U.S. News - Best Lawyers®

  • Whitaker Chalk Means Business

  • 5 attorneys named to 2019 Best Lawyers list.

    Decker A. Cammack,

    John Allen Chalk, 

    Michael D.Kaitcer,

    Hunter T. McLean,

    Richard “Rocky” Schwartz

  • Brian Smith people Slider

    Brian Smith selected as 2019 Rising Star by Super Lawyers Magazine

  • FW Inc recognizes 5 in "400 Most Influential People"

    Whitaker Chalk has 5 attorneys named in “The 400. Fort Worth’s Most Influential People” by Fort Worth INC. Magazine.

    John Allen Chalk, Hunter McLean, Jason Pierce, Vernon Rew, and Robert Simon

  • 13 Whitaker Chalk Attorneys Selected as 2018 Super Lawyers