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ARTICLE · 05 AUGUST 2014

To Invoke Safe Harbor Protection, One Must Designate A DMCA Registered Agent

Klein Moynihan Turco LLP
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Plaintiff David Oppenheimer is a professional photographer and the owner of Performance Impressions, LLC.

United StatesIntellectual Property
David O. Klein
David O. Klein
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Oppenheimer v. Allvoices, (N.D. Cal., No. 3:14-cv-00499) 6/10/14

FACTS:

  • Plaintiff David Oppenheimer is a professional photographer and the owner of Performance Impressions, LLC.
  • Defendant Allvoices, Inc. ("Allvoices") is an online service provider that publishes audiovisual content and sells advertising space on its website.
  • Allvoices.com describes the site as a platform for "citizen journalism" that is "committed to delivering a community-driven platform for open, global news and idea exchange."
  • According to the complaint, third-party citizen journalists who post news, videos, images and commentary to Allvoices.com are paid for their contributions.
  • In February 2011, plaintiff learned that Allvoices published, or allowed to be published, unlicensed copies of several of his photographs, which he had already registered with the U.S. Copyright Office.

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