DMCA Notice And Take Down

DMCA Notice And Take Down

DMCA is an abbreviation for the Digital Millennium Copyright Act. The Digital Millennium Copyright Act (DMCA) is a United States copyright law that prohibits the production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works. The DMCA allows copyright holders to notify infringing parties that they are violating the rights of the copyright holder, and that the offending party must take certain actions in order to remove or disable access to the allegedly infringing material. A DMCA agentwith a thorough understanding of DMCA law is a tremendous asset for online service providers. This legal expert provides tremendous assistance to online service providers (OSP), especially when dealing with DMCA notices. An online service provider can be notified through the copyright owner’s written notification of claimed infringement. However, there are several requirements that the notification must comply with, including: identifying the copyrighted work claimed to have been infringed upon, and information reasonably sufficient to permit the service provider to locate the material. information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, or email address. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Provided that the notification complies with the proper requirements, the online service provider must expeditiously remove or disable access to the allegedly infringing material. If the OSP does not comply with the notification, the OSP could potentially lose its safe harbor and be exposed to potential liability. The OSP must then take reasonable steps to promptly notify the alleged infringer of the action. Identifying the infringer can prove difficult, since the contact information provided in the DMCA notice is often false. The OSP has no obligation to ensure that the contact information in the DMCA notice is valid or accurate – they are merely required to act when they receive a notice containing the necessary elements. Given the burden on the OSP to remove infringing content the moment it gains actual knowledge of infringement, such knowledge can’t be used against the OSP so long as it discharges its removal obligations. The DMCA allows OSPs to remain within the realm of safe harbor protection, even after acquiring knowledge (whether actual or apparent) of infringing content, so long as the OSP “acts expeditiously to remove, or disable access to, the material.” There are a significant amount of lawyers acting as DMCA agents who claim to be knowledgeable in the areas of DMCA law and 1st Amendment law. It is important to invest the necessary time to find a qualified lawyer that will handle all of your DMCA matters competently.