Artgrid vs. Twitter Copyright DMCA case overview by Attorney Steve®

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DMCA "SAFE HARBORS" AT ISSUE IN TWITTER LAWSUIT

On December 30, 2022, Artgrid LLC filed a copyright infringement lawsuit against Twitter Inc. in the Central District of California. The complaint alleges that Twitter failed to terminate the accounts of repeat copyright infringers and allowed them to continue to use its website to unlawfully distribute copyrighted content.

Artgrid LLC is a privately owned entertainment company that produces, distributes, and licenses hip hop music, among other products. The company holds exclusive rights to a library of copyrighted content, which have been created by hundreds of artists and producers.

The complaint alleges that Twitter has been aware of Artgrid’s copyrighted works and has had actual knowledge of the infringements given the receipt of several thousand DMCA takedown letters. Despite being potentially aware of the infringements, the complaint alleges that Twitter has failed to take any action to terminate the accounts of repeat infringers or otherwise prevent them from continuing to use its website to unlawfully distribute copyrighted content. This, Artgrid argues, takes Twitter out of the "safe harbor" rules and makes them directly liable for the infringement.

This has allegedly allowed infringers to continue to use the website to unlawfully distribute Artgrid’s copyrighted works, thereby depriving Artgrid of the benefits of its exclusive rights.

As a result, Artgrid seeks damages for copyright infringement ($228 million), as well as an injunction requiring Twitter to terminate the accounts of repeat infringers and to implement measures to prevent and deter future infringements of Artgrid’s copyrighted works.

The case is currently pending before the Central District of California. The outcome of this case will be of great interest to copyright holders, as it could set a precedent for how social media companies like Twitter, Facebook, Reddit, Instagram, TikTok and others should respond to allegations of repeat copyright infringers.

VIDEO RESOURCES

1. Declaratory Judgment explained: https://youtu.be/11_GgXFPe4k

2. Overview of DMCA Takedown process: https://youtu.be/8h6MADx771s

3. California Right of Publicity overview: https://youtu.be/AtMP6xF4Z8Q