Using the DMCA to Enforce Copyright on the Internet – EsquireTrademarks.com

Digital Millenium Copyright Act (DMCA) – A quick Breakdown.

The DMCA absolves internet service providers (ISP’s) from liability for copyright infringement if the ISP’s follow specific Notice and Takedown Rules outlined in the Statute.

Naturally, anyone hosting content on the web follows the DMCA Notice and Takedown Rules to be free of liability.

  • Copyright Registration Is Not Required to Issue a DMCA Takedown.

    • The content subject to the DMCA takedown must be copyright subject matter (not trademark or other IP) and you must be the author / owner.  
  • A Proper Takedown Notice Must be Filed.

    • Most ISP’s have created their own forms to complete.
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    • A DMCA Takedown Notice Should:
      • include your signature or the signature of a person authorized to act on your behalf (your “agent”) (the signature can be either physical or electronic);
      • identify the copyrighted work that is being infringed;
      • identify the activity that is infringing and information reasonably sufficient to permit the service provider to locate the infringing activity on its site;
      • include your email address and any other information to allow the service provider to contact you or your agent directly;
      • include a statement that your or your agent has a good faith belief that the activity is unauthorized; and
      • include a statement that the information in the notice is accurate and, under penalty of perjury, that your agent is authorized to act on your behalf.
  • The ISP Removes the Content

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  • The Accused Receives Notice of Takedown, and Can File a CounterNotice

    • The Counter-Notice must be signed and made in good faith. 

    • Signer must consent to Federal Court Jurisdiction of Federal District Court, and accept service of process through ISP.

  • The ISP Has 14 days to Replace the Content – If a CounterNotice is filed. 

    • Only recourse for a copyright owner is to sue in federal district court.

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EsquireTrademarks.com – Online Trademark Attorneys – What We Do:

  • Our Philadelphia  copyright trademark attorney, prepares and files trademark applications for clients throughout the United States and abroad.
  • We prosecute and defend trademark infringement and unfair competition actions in the Federal Courts throughout the United States and abroad.
  • We also prosecute trademark office actions and appeals before the United States Trademark Office.
  • We handle internet based trademark disputes and trademark, DMCA, and copyright takedowns.
  • We draw on our experience as trademark litigators to guide you through the trademark process.
  • We support businesses, law firms, and individuals by providing top notch legal services in intellectual property matters.