DMCA Notices

The Digital Millennium Copyright Act has become a powerful hammer on the web for protecting content. Here's what you need to know if you need to serve one or get served with one. 

The Digital Millennium Copyright Act is a piece of legislation that focuses on dealing with copyright issues from a uniquely online point of view. The problem online is that parties will often copy another site's content without getting permission. That is a copyright violation, but the copyright owner often is faced with an expensive effort to track down the person doing the infringing. 

To get around this, the DMCA creates a scenario where the copyright owner can simply contact the internet service provider for the site to have the content taken down. The process is known as a takedown notice. When served with one, the internet service provider is charged with taking down the content expeditiously. The ISP then must give the alleged copyright infringer notice of the complaint. That individual then can respond or let the material stay down.

I provide DMCA legal services to each of the various potential parties in these scenarios including:

Copyright Owner – The copyright owner is required to give notice under the DMCA in a particular manner. I provide you with an overview of how the process works, hunt down the internet service provider for the offending party and carry out the takedown notice in a manner complaint with the Digital Millennium Copyright Act. 

Internet Service Provider – If you are a host, forum owner, blogger who allows comments and so on, you need to be intimately familiar with the DMCA and how it works. When a notice comes in, you must deal with it immediately. What should you do and how? That's where I come in. If notices are dealt with properly, then you can be shielded from liability. If they are not, then you become liable for the actions of individuals posting on your site. I make sure they are dealt with properly. 

Alleged Copyright Infringer - If you've received notice from your host that something you've posted is being claimed to violate copyright, the time to act is…now! The rather obvious question is "are you violating the copyright of someone else?" If you are not violating it, then the host needs to be told as much. If so, then action needs to be taken to deal with the problem. Regardless, time is of the essence so consulting with an attorney is a must even if you go with someone else.

The Digital Millennium Copyright Act is a real hammer when it comes to addressing copyright issues online. If you have a DMCA issue, contact me at 619-637-6043 for a consultation. Do not delay!