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Digital Millennium Copyright Act Lawyers | LegalMatch Law Library us digital millennium copyright act

Digital Millennium Copyright Act Lawyers Authored by Ken LaMance , LegalMatch Law Library Managing Editor and Attorney at Law Tweet Locate a Local Business Lawyer Breach of Contract Contract Drafting and Review Business Disputes Corps, LLCs, Partnerships, etc. Buying and Selling a Business Entertainment Law Find Lawyers in Other Categories Most Common Business Law Issues: Breach of Contract Contract Drafting and Review Business Disputes Corps, LLCs, Partnerships, etc. Buying and Selling a Business Entertainment Law Find a category or issue not listed What Is the Purpose of the Digital Millenium Copyright Act?

Basically, this act is used to enforce copyright laws concerning software and prohibit certain acts of software piracy.

What Are Some of the Specific Provisions of this Act?

Some of the specific provisions covered in this Act are:

Prohibits the making and sale (or even giving away for free) of code-cracking items used to illegally copy software Prohibits any methods that are used to get around anti-piracy measures built into commercial software, except when used by nonprofit libraries, archives, schools and universities under certain circumstances Internet service pro qdcfeqlg. moncler parka jacket mensviders generally cannot be held liable for copyright infringement when they are simply transmitting information.  However, if an ISP comes across material on a website this is considered copyright infringement, the ISP is required to have material removed Webcasters must pay licensing fees to record companies Service providers are required to have a policy permanently banning repeat offenders from the network  Are There Any Defenses If I Am Accused of Violating the DMCA? As mentioned above, there are specific exemptions for service providers and educational purposes. In addition, certain types of material cannot be copyrighted. Intellectual property which is mainly facts, procedures, concepts, or which constitutes a “discovery” of the natural world cannot be copyrighted. Examples include: recipes, history, and popular creative tropes, like masked superheroes. 

 

Beyond those exemptions, there are specific procedural steps that must be taken before a copyright violation can be brought to court under the DMCA. The act requires that copyright holders give service providers prior notice before going to court. In turn, service providers are required to provide notice to website owners after their website has been taken down. The notice provided by the copyright holder and the service provider must describe exactly what material is copyrighted. If there is a lot of copyrighted material on the website, then a “substantial amount” of the material must be named.

Those who have had their property (websites, blogs, etc.) removed from the internet have the right to sue the alleged copyright holder to challenge their claim that the website had copyrighted material. If the website owner wins, the website will be restored.

What Should I Do if I Have Been Accused of Violating this Law?

If you are found violating this Act, the aggrieved party may bring a civil lawsuit against you and you could be liable for not only loss of profits to the aggrieved party, but may also have to pay statutory damages, which could amount to as much as $2,500 per act that was in violation of this law.

If you have accused of violating the Digital Millennium Copyright Act you should consult an attorney who has experience in cyberspace law . Your attorney will be able to advise you of your rights and let you know of any potential defenses you may have, as well as help you decide what the best course of action to take is.

Consult a Lawyer - Present Your Case Now! Last Modified: 11-08-2012 11:00 AM PST

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moncler womens jacket with fur hood The Electronic Frontier Foundation (EFF) page on the DMCA Unintended Consequences: Ten Years under the DMCA - EFF Media Copyrights Law In Your Pocket - The DMCA A Decade of the DMCA A web-based tool for identifying the owners and operators of websites with infringing content

Digital Millennium Copyright Act Notice Policy Notices and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to OverDrive’s Designated Agent.

Designated Agent: Steve Potash One OverDrive Way Cleveland, Ohio 44125 (216) 573-6886

Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement related to any of OverDrive services must be a written communication addressed to the designated agent as set forth above, and must include substantially all of the following:

A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of an exclusive right that is allegedly infringed; Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed; Information related to the work(s) reasonably sufficient for OverDrive to promptly locate the work (e.g. title of work, location within OverDrive, etc.); Information reasonably sufficient to permit OverDrive to directly contact the complaining party, such as a complete name and address, telephone number, and an email address; A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement requesting that OverDrive take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled); and 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.