Five examples of lame DMCA takedowns (2022)

Policy —

Some DMCA takedowns should never have happened. Ars looks at five of the …

Jacqui Cheng -

The Digital Millennium Copyright Act serves many purposes, some of which are good, but certain parts of it are ripe for abuse. The infamous DMCA takedown notice is at the top of anyone's list of most-abused parts of the act. These notices are meant to make it easy for content owners to have violations removed, and they do. But the notices also make it easy for anyone to try and silence criticism or stifle angles they simply don't like, even if the party in question is working perfectly within the confines of fair use.

Over the course of our coverage here at Ars, we've seen a number of DMCA takedown cases that were just plain lame. And, although there are plenty more lame cases that have happened in the world, we thought we would highlight some of our "favorite" ones to show how the DMCA takedown system can be used in an attempt to control content instead of merely enforcing copyrights. Plus, these examples just make us chuckle at the absurdity.

(Video) Understanding the DMCA: Sending a Takedown Notice

Psychic versus paranormal unbelievers

"Paranormalist" Uri Geller has always been somewhat of an eccentric dude—and how could he not be, having made claims that aliens gave him psychic powers and the ability to bend spoons with his mind? But when someone uploaded a clip to YouTube of a 1993 PBS piece showing how Geller's tricks could be easily produced, Geller was unable to use his mind to make the criticism disappear. So, he resorted to the next best thing: DMCA takedowns.

YouTube not only removed the video, it also suspended the account of the person who uploaded it for two weeks before the counter-notice was processed. The Electronic Frontier Foundation eventually got involved by filing a lawsuit against Geller—the magician was not the copyright owner to the video and was not otherwise authorized to act on behalf of the owner (PBS). Additionally, Geller could only lay claim to three seconds of the video, which the EFF argued qualified as fair use for criticism purposes.

Geller tried to sue back, but eventually the two parties settled their dispute. Part of the settlement involved Geller's company agreeing to license the disputed footage under a non-commercial Creative Commons license.

Cowboys versus animal rights activists

Since 2006, the animal rights group SHARK, or SHowing Animals Respect and Kindness, has filmed rodeos in an effort to show the ways in which they feel rodeo animals are routinely "brutalized, maimed, and shocked." The group began making use of YouTube to help spread its message about cruelty to animals, but that didn't sit well with the Professional Rodeo Cowboys Association. As it turns out, the PRCA had sanctioned several of the events caught on camera and was unhappy with the bad publicity it was receiving thanks to SHARK's YouTube uploads.

(Video) Understanding the DMCA: Responding to a takedown notice

The cowboys began filing takedown notices with YouTube, claiming that the material was copyrighted. This was a tenuous argument at best—although PRCA was involved in setting up some of the events, the footage itself was taken by SHARK and was therefore copyrighted by the animal rights group, not PRCA. In fact, SHARK filed a lawsuit against PRCA for its own violations of the DMCA. The group said the cowboys ran afoul of the provisions, stating that anyone who "knowingly materially misrepresents" a case of supposed infringement would be liable for damages to the alleged infringer.

The two groups eventually settled their differences, however, with PRCA agreeing to fork over $25,000 to make the case go away. PRCA also agreed to take any future copyright claims directly to SHARK and that it would enforce any "no taping" policies at its events consistently—meaning they can't claim critics have violated the "contract" printed on rodeo tickets while allowing other attendees to record video.

NFL versus law school professor

Brooklyn Law School professor Wendy Seltzer is no stranger to the DMCA and copyright law—she teaches students about the ins and outs of such laws on a regular basis. That's why, when Seltzer received a DMCA takedown notice from the National Football League over a YouTube video she made of a class presentation, she was not amused.

The clip she was using was the (infamous) copyright notice that the NFL displays at the beginning of its broadcasts, warning viewers not to misuse content from the game they're about to watch. Seltzer took exception to this claim—as it clearly makes no concession for fair use—and wanted to show her students how content owners are beginning to exaggerate their rights.

(Video) What I learnt from having my videos stolen - DMCA Takedown Advice

In a fit of irony, the NFL sent a takedown notice to YouTube over the clip, to which she responded with a counter-notification explaining that the clip qualified as fair use for education purposes. A bit of back and forth later and the NFL found itself stuck between a rock and a hard place—because it had sent yet another takedown over the same video without acknowledging fair use, Seltzer argued that the NFL had violated a part of the DMCA that bars "knowingly materially misrepresent[ing] … that material or activity is infringing." According to Seltzer, the proper response would have been for the NFL to obtain a court order against her to keep the video offline, not send another takedown.

The video was finally restored once and for all, though the excuses provided by the NFL's PR team for not obtaining a court order were not enough to fully satisfy Seltzer.

Warner Music versus copyright reform advocate

Copyright reform advocate and political activist Larry Lessig has long been a heavy critic of DMCA abuse. That's why, when Warner Music issued a takedown over one of Lessig's own presentations, the world was left saying "oh no you di'int!

This takedown, however, did not seem to fall under the same circumstances as some of the others we have discussed here. Unlike Uri Geller or the Professional Rodeo Cowboys Association, there was no criticizing of Warner Music going on. Instead, Lessig's presentation likely ended up being taken down thanks to the music label's sweeping efforts to send takedowns over everything after YouTube licensing negotiations failed in late 2008. (The companies have since struck a new agreement.)

(Video) How I send a DMCA takedown notice | Dealing with copyright infringement | Kathy Weller Art

Lessig's presentation did use clips of Warner Music's songs, though he clearly believed they fell under Fair Use. Since then, Lessig's presentations have been subject to numerous other DMCA takedown notices—often at the hands of Warner Music—which he diligently continues to fight with counter-notifications to get his videos back online.

Music label versus dancing baby

Dancing babies aren't just reserved for '90s Internet meme nostalgia—they're part of new millennium YouTube lore as well. What parent wouldn't want to put a (to them) hilarious video of their kid bouncing around to a Prince song on the Internet for all to see? That's exactly what Stephanie Lenz did, only to find herself on the wrong side of Universal Music Group.

The music label took issue with Lenz's video of her 18-month-old son dancing to a the Prince song "Let's Go Crazy," which blasted from a stereo in the background; so they sent a DMCA takedown notice over it. In some parts of the video, the song ware barely even recognizable, but that didn't stop UMG from targeting the toddler. The video disappeared from YouTube, but the EFF got on the case with Lenz to push back.

Lenz not only responded with her own counter-notification, but she also sued UMG, arguing that the clip was "self-evident noninfringing fair use" and that UMG sent the notice in bad faith. Universal argued that, even if the clip was fair use, the notice was still sent in good faith. After plenty of back-and-forths, Lenz eventually won a summary judgment in the case and her video is back online.

(Video) Understanding the DMCA: Takedown Notice Guidelines

That's not all, folks

There are plenty of other examples of individuals or companies abusing the DMCA to quash criticism, fair use, or just plain random uses of content, which is not what the law was meant for. Even the examples we highlighted here are relatively common. Do you know of any more absurdities that we can add to the roster?

FAQs

How do you respond to a DMCA takedown? ›

Legal How-To: Responding to a DMCA Takedown Notice
  1. Step 1: Find a Reason for Filing a Counter-Notice. Filing a counter-notice is a great option if: ...
  2. Step 2: Make Sure You Aren't Actually Infringing. ...
  3. Step 3: Draft Your Counter-Notice.
Jul 24, 2013

How do DMCA takedowns work? ›

Many service providers offer easy-to-use online tools to submit claims directly to the provider through an online DMCA takedown form. After a takedown notice is sent to a service provider, the provider usually notifies the user, subscriber or other person who is responsible for engaging in the infringing activity.

What are DMCA violations? ›

When someone commits a DMCA violation, they may receive a DMCA notice asking them to take down or delete all copyrighted content immediately. If they fail to comply, the offender could have their account or website suspended by their ISP. They could also be subject to civil or criminal penalties.

How long do DMCA takedowns take? ›

How Long Does a DMCA Notice Take? Generally, a DMCA takedown notice will take around 72 hours. However, we've seen them go really quick (within 24 hours) and also drag on for 6+ months.

How much is a DMCA fine? ›

Legal Repercussions for DMCA Violation

The minimum fine is $750 per downloaded file. Criminal penalties, even for first-time offenders, can be stiff: up to $250,000 in fines and five years in prison.

What are the two punishments you can receive under the DMCA? ›

If you violate the DMCA, for a first offense, you could face imprisonment up to five years in jail and/or additional fines up to $500,000. Repeat offenders could face up to ten years in prison and fines up to $1 million.

How can the DMCA takedown be prevented? ›

5 Ways to Avoid DMCA Takedowns on Twitch
  1. Don't Play Copyrighted Music or Content. To the disappointment of many streamers, Twitch's best options for streamers is just to not stream copyrighted music or content. ...
  2. Seek out Permissions to Play Music. ...
  3. Use Copyright-Free Music.
  4. Use Ambient Noise. ...
  5. Stream With Friends.
Jun 6, 2021

How do you calculate DMCA? ›

Google provides a service called "transparency report" where it shows all the DMCA notices it received against any domains on the internet. You can search for your domain and see all the copyright notices sent and received it.

Is DMCA a crime? ›

The creation and sharing of technology or software that is designed to defeat copyright protections is also criminalized. There are both civil and criminal penalties for violations of the DMCA. Intentional violations of the DMCA can result in monetary damages as well as imprisonment.

How do you respond to a copyright infringement notice? ›

Whether you determine that copyright infringement exists or you can prove that you had permission or the work is yours, reply to the notice. Your reply can be as simple as informing them you have removed the infringing content or a receipt from Shutterstock attesting to the license to use an image.

Should I be worried about a copyright infringement notice 2021? ›

While many users panic when receiving infringement notices from their ISP, in the majority of cases there is no need to worry. Stopping sharing the content in question usually solves the problem and if no additional sharing takes place, no further warnings should be received, for that content at least.

How do you counter copyright infringement? ›

You can typically request a court order demanding the infringing party to immediately stop using the copyrighted material and ask for money damages (that is, monetary compensation) for any actual harm that has occurred as a direct result of the infringement.

How do I appeal a DMCA strike on twitch? ›

If you are an account holder who has received a notification of claimed infringement, you can seek a retraction by reaching out to the rights holder or agent who sent the notification directly. Twitch will honor retractions of notifications from the party that originally submitted the notifications.

Policy — Some DMCA takedowns should never have happened. Ars looks at five of the … Jacqui Cheng - May 17, 2010 1:00 am UTC The Digital Millennium Copyright Act serves many purposes, some of which are good, but certain parts of it are ripe for abuse. The infamous DMCA takedown notice is at the top o...

And, although there are plenty more lame cases that have happened in the world, we thought we would highlight some of our "favorite" ones to show how the DMCA takedown system can be used in an attempt to control content instead of merely enforcing copyrights.. The cowboys began filing takedown notices with YouTube, claiming that the material was copyrighted.. PRCA also agreed to take any future copyright claims directly to SHARK and that it would enforce any "no taping" policies at its events consistently—meaning they can't claim critics have violated the "contract" printed on rodeo tickets while allowing other attendees to record video.. That's why, when Seltzer received a DMCA takedown notice from the National Football League over a YouTube video she made of a class presentation, she was not amused.. In a fit of irony, the NFL sent a takedown notice to YouTube over the clip, to which she responded with a counter-notification explaining that the clip qualified as fair use for education purposes.. A bit of back and forth later and the NFL found itself stuck between a rock and a hard place—because it had sent yet another takedown over the same video without acknowledging fair use, Seltzer argued that the NFL had violated a part of the DMCA that bars "knowingly materially misrepresent[ing] that material or activity is infringing.". Since then, Lessig's presentations have been subject to numerous other DMCA takedown notices—often at the hands of Warner Music—which he diligently continues to fight with counter-notifications to get his videos back online.. The music label took issue with Lenz's video of her 18-month-old son dancing to a the Prince song "Let's Go Crazy," which blasted from a stereo in the background; so they sent a DMCA takedown notice over it.

By Jacqui Cheng The Digital Millennium Copyright Act serves many purposes, some of w...

The Digital Millennium Copyright Act serves many purposes, some of which are good, but certain parts of it are ripe for abuse.. These notices are meant to make it easy for content owners to have violations removed, and they do.. But when someone uploaded a clip to YouTube of a 1993 PBS piece showing how Geller's tricks could be easily produced, Geller was unable to use his mind to make the criticism disappear.. The cowboys began filing takedown notices with YouTube, claiming that the material was copyrighted.. This was a tenuous argument at best—although PRCA was involved in setting up some of the events, the footage itself was taken by SHARK and was therefore copyrighted by the animal rights group, not PRCA.. A bit of back and forth later and the NFL found itself stuck between a rock and a hard place—because it had sent yet another takedown over the same video without acknowledging fair use, Seltzer argued that the NFL had violated a part of the DMCA that bars "knowingly materially misrepresent[ing] … that material or activity is infringing.". Unlike Uri Geller or the Professional Rodeo Cowboys Association, there was no criticizing of Warner Music going on.. Instead, Lessig's presentation likely ended up being taken down thanks to the music label's sweeping efforts to send takedowns over everything after YouTube licensing negotiations failed in late 2008 .. Universal argued that, even if the clip was fair use , the notice was still sent in good faith.. There are plenty of other examples of individuals or companies abusing the DMCA to quash criticism, fair use, or just plain random uses of content, which is not what the law was meant for.

In the age of the internet, content that infringes upon another’s rights in a copyrighted work can pass through many hands on its way to public distribution. The Digital Millennium Copyright Act of 1998 (“DMCA”) is an act by the legislation of the United States of America that serves to deal with this issue of infringing material, protecting both the owners of the copyrights that are being infringed, as well as the Internet Service Providers (“ISPs”) that are at risk of liability for their part in the infringement. The DMCA provides a clear process for the copyright owners to follow if they wish for their materials to be removed from a website. The DMCA also protects ISPs from liability for indirect infringement of copyrights, liability gained even if an entity has not directly infringed on one of the copyright owner’s rights, but has nevertheless played a part in that infringement.

The Digital Millennium Copyright Act of 1998 (“DMCA”) is an act by the legislation of the United States of America that serves to deal with this issue of infringing material, protecting both the owners of the copyrights that are being infringed, as well as the Internet Service Providers (“ISPs”) that are at risk of liability for their part in the infringement.. The DMCA also protects ISPs from liability for indirect infringement of copyrights, liability gained even if an entity has not directly infringed on one of the copyright owner’s rights, but has nevertheless played a part in that infringement.. Without this notice, the ISP is not subject to liability for the infringing material being distributed through their services, so long as they make reasonable efforts to stop copyright infringement on their platform, and do not knowingly participate in infringement and gain financial benefits from that infringement.. Once the ISP has notice of the infringing material, the ISP now has an obligation to have the content removed, or face liability for indirect infringement.. This includes the URL where the infringing content is located, a description of the content sufficient for it to be identified in that location, the likely source of your content from which the infringer would have taken the material, and the proper contact information of the ISP hosting the material so that you have a place to send the notice.. Before Sending: Assess Your Rights Before sending the notice, you should also consider your copyright infringement claim as a whole, namely if the material in question actually infringes your rights in the work, and if you truly have a claim to a copyright in the work.. Responding to a DMCA Notice You may be on the receiving end of a DMCA Takedown Notice, either as a website host, or as a website manager being contacted by an ISP in receipt of a notice.. Talk to a Copyright Attorney It may be difficult to analyze the legal basis for your DMCA Takedown Notice or Counter Notice, and it is essential that you are certain of your notice’s validity and compliance with the DMCA’s requirements before you send it.

Though the majority of DMCA notices are valid and proper, every once in a while you learn about a really good DMCA Fail. Here are my five favorites.

photo credit: GypsyFae No one has ever said that the DMCA notice and takedown system is a perfect one, but the majority of takedown notices are valid and are executed correctly.. However, since pretty much everyone is a copyright holder, anyone can use the DMCA and anyone can file a notice under the law.. With so many people misunderstanding copyright law and so many companies overwhelmed by the amount of notices they are filing, some of the notices are bound to be a bit south of brilliant.. To be clear, these are not notices that were filed for a political or vengeful reason, but rather, notices filed in clear error.. ( Note and Update: In some of the cases below, it is unclear if the takedown was a full DMCA takedown or a content ID takedown.. Though the music was barely intelligible, apparently Universal Music Groups filters detected and the the record label filed a DMCA takedown notice getting the clip removed.. That case is ongoing though the judge did recently rule that copyright holders need to consider fair use when filing DMCA notices.. As someone very interested in copyright issues, she was disturbed by the National Football League’s overreaching copyright notice and posted a short clip of the copyright notice on YouTube and her blog.. Predictably enough, the NFL filed a DMCA takedown notice with YouTube and got the clip removed.. However, 12 days later, the NFL filed another DMCA notice, which resulted in a second restoration.. In addition to the clear fair use arguments in favor of posting just the copyright notice, when Seltzer filed her counter-notice supposedly the NFL had the option of filing suit and seeking an injunction or walking away.. Worse still, there were clear fair use arguments to be made for using the image and at least some of the DMCA notices wound up being sent to Canadian hosts, for hom the DMCA did not apply.. This wasn’t a case of simple DMCA abuse, but a case of DMCA fail.. Filing a DMCA takedown against one of the best-known proponents of fair use is stupid enough, but considering both cases were a clear fair use make it even worse.. In short, I hope that these cases serve as a cautionary tale against those who are thinking about filing DMCA notices.

When it comes to security, it’s not only your website that needs protection – the content on your website is pretty vulnerable, too.It takes a certain amount of skill, knowledge, and expertise for someone to hack into your website, not so much, though, to steal your content. Article Quick Links:What...

If you find that someone has uploaded your content on a website without your permission, then you can file a DMCA to issue a takedown notice to the Internet service provider that’s hosting the website.. DMCA takedown services help you file your notice, and some even take down your stolen content for a fee.. Depending on how they used your content, their use of your content may fall under fair use and hence not be subject to DMCA.. DMCA protection covers any type of content that can be infringed online i.e., digital content that does not fall under fair use.. A statement of good faith that they believe the content to be a copyright infringement and that they did not provide permission for the content to be uploaded.. Send the DMCA protection notice to the Internet service provider that is hosting the site infringing your content.. DMCA makes it easy for content owners to handle unauthorized usage of their content by allowing them to file a DMCA takedown notice with the infringing party’s Internet service provider.. Finally, notify the Internet service provider of the site that has infringed your content by sending them the DMCA takedown notice.

A "DMCA Takedown" is usually the legal notice that is sent by the infringed party to the infringing parties provide, website, host, isp, cdn etc. in e

A DMCA Takedown is when content is removed from a website or internet platform at the request of the owner of the content.. Any owner of content has the right to process a takedown notice against a website owner and/or an Online Service Provider (e.g. ISP, hosting company etc.). Note: although the DMCA is part of US Copyright law, a DMCA Takedown does not always require the content to be copyrighted in order to process a takedown notice and for the content to be taken down by the website owner or OSP.. content creators/owners copyright owners content publishers or distributors (with permission of the content or copyright owners) NFT owners code writers and publishers social media users and participants subject contained within the content and published without permission (special considerations may be required). This Act directly addresses the takedown of (copyright) infringed content from a website which is publishing content in violation of copyright protection act or content being used without permission or not in accordance to the sworn statement of the content owner.. What is DMCA What is the DMCA Protected Badge What is DMCA Protection What is DMCA Takedowns What is DMCA.com What is DMCA Protected Certificate What is DMCA Website Certificate What is DMCA Website Status Page and Protection Certificate

Someone stealing your content or perhaps you received a DMCA notice? Check out our tutorial on how to properly handle or create a DMCA takedown notice.

Today we’ll dive into how to properly handle a DMCA complaint against yourself as well as how to create a DMCA takedown notice.. The DMCA ( Digital Millennium Copyright Act ) is a United States copyright law focused on digital mediums that helps content owners get their stolen content removed in a fast and efficient manner.. A DMCA takedown notice applies to where the content is physically hosted.. For content hosted outside of the US, many hosting providers will still honor DMCA complaints, however, legally they are not obliged to comply.. One thing website owners tend to forget is that a DMCA takedown doesn’t require the content to be copyrighted in order to process the takedown or for the request to have the content taken down acted upon by the website owner or ISP.. Over the last decade, it has become very important for bloggers, webmasters, and hosts to understand how the DMCA procedure works so that everyone can keep their content protected; as well as knowing how to deal with complaints or notices when they arrive.. DMCA protected (Image: DMCA ) The first thing you should know is how to deal with a DMCA takedown notice when it is filed against you.. Generally, when your ISP or web hosting provider receives a DMCA complaint they will demand the removal of the content immediately, or do it for you.. Physical or electronic signature Name, address, and phone number Identification of the material and its location before it was removed (URL) A statement that the material was removed by mistake or misidentification (remember you are liable) Consent to the jurisdiction of a federal court in the district where you live or where your service provider is located Consent to accept service of process from the party who submitted the takedown notice. Please remove all copyrighted content belonging to [COMPANY] immediately otherwise we’ll have to proceed with filing a DMCA complaint.. Physical or electronic signature The location and identification of the material you are claiming is infringing (this could be URLs, etc) Your contact information, address, phone number, mailing address, etc Statement of good faith that the use of the material is not authorized by the copyright owner or you A statement that everything is accurate (again, remember you are liable under penalty of perjury). DMCA Takedown Template Here is a DMCA takedown template that we use.. Remove content from Google search Remove Content From Bing Search. Hopefully, now you now know a little more about DMCA and how takedown notices work, both when filed against you and when you need to protect your own content.

Everything you need to know about DMCA protection, procedures and takedowns to protect your content and intellectual property.

The law also provides a safe harbor for certain online service providers (OSPs), including Internet service providers (ISPs), from copyright infringement penalties.. If you find that someone has uploaded your content on a website without your permission, then you can file a DMCA to issue a takedown notice to the Internet service provider that’s hosting the website.. DMCA takedown services help you file your notice, and some even take down your stolen content for a fee.. Anyone can protect their content or data through DMCA’s takedown services.. One of the best things about it is that even if you don’t have a registered copyright, you can still go for a DMCA takedown notice.. DMCA protection covers any type of content that can be infringed online i.e., digital content that does not fall under fair use.. A statement of good faith that they believe the content to be a copyright infringement and that they did not provide permission for the content to be uploaded.. Send the DMCA protection notice to the Internet service provider that is hosting the site infringing your content.. DMCA makes it easy for content owners to handle unauthorized usage of their content by allowing them to file a DMCA takedown notice with the infringing party’s Internet service provider.. Finally, notify the Internet service provider of the site that has infringed your content by sending them the DMCA takedown notice.

if (typeof window.atnt !== 'undefined') { window.atnt(); }if (typeof window.atnt !== 'undefined') { window.atnt(); }It just came to my attention earlier today that someone had copied an entire article from IPWatchdog.com and posted it to their own website last week.  How is it possible that anyone doesn’t realize that you just cannot do that?  More likely, it is known that you cannot do that but people do it figuring they won’t get caught.  One…if (typeof window.atnt !== 'undefined') { window.atnt(); }if (typeof window.atnt !== 'undefined') { window.atnt(); }

If you are the owner of a copyright you can provide notice to the webhosting company that houses the infringing material, and they will almost always take action.. The Digital Millennium Copyright Act provides protection from copyright infringement lawsuits for service providers.. This protection manifests itself in immunity from being sued for infringement, but they must take reasonable and swift action to remedy an infringement once they are notified.. Since they do not want to lose their immunity from copyright infringement, if you notify them of an ongoing infringement they will almost always order the website owner to take down the infringing material, or they will.. A physical or electronic signature (i.e., /s/NAME) of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.. Identification of the material that is claimed to be infringing 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, and, if available, an electronic mail address at which the complaining party may be contacted.. 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 the copyright that is allegedly infringed.. A website that your company hosts (according to WHOIS information) is infringing on at least one copyright owned by my company.. This letter is official notification under Section 512(c) of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers.. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.. Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice.. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement.. If service providers do not investigate and remove or disable the infringing material this immunity is lost.. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

You can get kicked off a platform—and you can be sued—if your content infringes on someone else’s copyright. Find out how to avoid a DMCA strike and what to do

It not only protects owners of copyrighted material from infringement; it also protects the Internet Service Provider (ISP) and website operator (like YouTube, Facebook, and Twitch) from being sued by the creator of the content if a website user illegitimately posts copyrighted works on their sites.. For example, the authors of articles, videos, and music are the only ones who can license the work to others, like a music publishing company, which might get exclusive rights to distribute a musician's recording.. ISPs and web hosts can discover instances of copyright infringement using their own automated systems (more on that below), or when the owner of the copyright files a DMCA takedown notification.. Either way, the DMCA outlines a process for removing materials that infringe on a copyright, using what's called a DMCA takedown.. While the procedures vary, the one common denominator is that the law requires service providers to swiftly remove material that infringes on a copyright.. The DMCA protects these providers from lawsuits by the owners of copyrights only if they promptly remove the offending material.. The service provider might use its own algorithms to scan for music and videos that appear on its own and other sites, or the creator (or someone else with rights to the material) can file a takedown notification (also called a takedown request or takedown complaint) with the provider.. You have the right to contest a takedown notice when you believe you didn't infringe on a copyright, by filing what's called a counter notification.. Just as the ISP or website host is not required to judge the validity of a takedown notification, it's also not required to weigh the merits of your counter notification.. Upon receiving a counter notification, the service provider notifies the party that sent the takedown notification and, if they still believe you've infringed on their copyright, they have 14 days to file a lawsuit against you.

Copyright strikes present a huge threat to online creators. Here's how to avoid them.

Channels that have never had any issues are suddenly receiving copyright strikes, mostly for using copyrighted music.. Many of the strikes are coming for videos that are years old, but the new strikes are putting some streamers at risk of losing their channels if they don’t go back and delete every video with copyrighted content in it.. By exempting internet service providers and platforms like YouTube and Twitch from responsibility for their user’s copyright infringement, the law opened up user-generated content sites to freely grow without having to worry too much about getting sued for hosting content that violated copyright law.. They’re required to block access to content that features copyright violations if they receive a claim from the holder of the copyright or their agent.. In short, using someone else’s copyrighted material is a copyright violation if you don’t have permission to use the content and the content isn’t covered by the doctrine of Fair Use.. Many Twitch streamers and content creators play copyrighted music in the background of their content.. Many companies, especially music licensing companies, issue false DMCA claims that are a headache for creators who make criticism and parody content.

Many writers have heard of the “DMCA takedown notice” but not everyone understands what it is. In this post, I’ll try to explain the basics and give you some ideas about how to use the tool to protect your rights and how to respond if you’re on the receiving end of one that you consider to be without merit.

It added Section 512 to Title 17 of the United States Code (Copyright), which basically exempts certain online service providers (“OSPs” or sometimes “ISPs”) from liability for copyright infringing acts by its users, provided it meets certain conditions (such as being responsive to copyright holders when given notice of infringement on the network the OSP controls).. No actual or constructive knowledge of infringing behavior (this basically excludes any site that maintains editorial control over the posted content, such as a moderated fanfiction site); No financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity; When given a proper notice of infringing material being posted on its network, the OSP “responds expeditiously to remove, or disable access to, the material that is claimed to be infringing.”. Your signature (assuming you’re the copyright holder or you’re authorized to act for the holder); Identification of the work that is infringed (or a representative list of such works), e.g., titles of your stories and URLs where they may be found; Identification of material that is infringing and which you wish to have taken down or blocked and enough information to allow the OSP to locate the material, e.g., an URL to the offending page; Ways for the OSP to contact you, such as an address, phone number, and an email (best to include all three); A statement that you have a “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”; 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.”. Your signature; Identification of the material that has been removed or blocked and where it used to be found, e.g., the URL of your page; A statement under penalty of perjury that you have “a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled”; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court applicable for your address and that you will accept service of process from person who issued the DMCA takedown notice (that is, you agree to be sued if it comes to that).. After the OSP gets this counter-notice from you, it has to forward a copy of your counter-notice to the issuer of the DMCA takedown notice and inform them that the OSP will restore access to the removed material in 10 business days.

Creator Uses DMCA Takedowns and Threats of Lawsuits to Squash Criticism of Comics (Updated)

In 2011 I stood against the the Stop Online Piracy Act (SOPA) and its sister legislation the Protect Intellectual Property Act (PIPA) partially because the legislation was poorly thought out, partially because the current Digital Millennium Copyright Act (DMCA) system is flawed and broken, and partially because the legislation would be used to stifle criticism.. According to a post on the Escher Girls website, they received a DMCA take down notice to remove their posts critical of Queen’s work.. They later updated their post that Queen had also allegedly requested a DMCA take down of the article about Queen’s use of DMCA take downs.. Queen then went so far as to send an email to the site threatening legal action if they “didn’t put a stop to all of this,” and claiming the site was defaming him by saying “he was using the DMCA to stamp out criticism of his artwork.”. Additionally, instead of taking shots at art someone did 18 years ago while they were still learning – which are no longer representative of their current art style or direction for their character – I encourage you to spend your time and energy on creating your own characters and comics which you can make your own personal sacrifices to bring to the world.. § 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.. the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; the nature of the copyrighted work; the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and the effect of the use upon the potential market for or value of the copyrighted work.

*Guest post by Jonathan Band, policybandwidth* There is an escalating war of words between supporters and detractors of the notice-and-takedown regime of the Digital Millennium Copyright Act (DMCA). The content...

For years the content providers have complained about various provisions of the DMCA’s safe harbors for Internet service providers, but their primary target has been the notice-and-takedown system codified at 17 U.S.C.. The ad asserted that the DMCA “is broken and no longer works for creators.” It claimed that the DMCA “was written and passed in an era that is technologically out-of-date compared to the era in which we live.” The ad did not specify precisely why “the DMCA simply doesn’t work,” but observed that “it’s impossible for tens of thousands of individual songwriters and artists to muster the resources necessary to comply with its application.” Based on earlier statements by the RIAA and other music industry associations, this presumably was an allusion to the burden of copyright owners sending notices to a platform every time a user uploads infringing content—a burden that would be alleviated by a notice-and-staydown regime.. Matt Schruers with the Computer & Communications Industry Association noted that RIAA was asking Congress “to upend one of the legal cornerstones of the Internet.” Schruers observed that the DMCA’s safe harbors “allowed the Internet to become what it is today—a worldwide democratizing platform for communication, creativity, and commerce.” Schruers stated tens of thousands of Internet platforms relied on the safe harbors to provide millions of creators a cost-free means of reaching a worldwide audience without the interference of traditional gatekeepers such as record labels, movie studios, or book publishers.. Michael Beckerman with the Internet Association similarly asserted that “If you love the Internet, you should thank the DMCA.” He explained that Internet companies should not be responsible for “policing every single piece of online content” because they “don’t have access to constantly changing licensing information, nor are they the appropriate party to make legal judgments about whether content qualifies as fair use….” He added that many Internet companies voluntarily employ “DMCA-plus” programs to provide greater flexibility to copyright owners to address infringing activity.. Neil Fried with the Motion Picture Association of America replied by arguing that “Congress did not intend the DMCA to create a relentless game of Whac-A-Mole.” Fried further complained that “content creators must still endlessly notify technology companies of the presence of unauthorized content, even when it is the same parties posting the same material.” However, unlike the RIAA and the other music industry associations, Fried did not call on Congress to amend Section 512.. The Internet Association’s Michael Beckerman stated that “the bargain” at the heart of the DMCA “is a simple: rightsholders have a mechanism to address infringement without engaging in a lengthy and expensive battle, and internet platforms that respond quickly to remove infringing content are held harmless for the actions of their users.” MPAA’s Fried referred to this bargain as the DMCA’s “grand design.” And CCIA’s Matt Schruers described it as “a compromise between copyright holders and online services.”. In response to a notice of inquiry recently issued by the Copyright Office concerning Section 1201, the Association of American Publishers, the Motion Picture Association of America, and the Recording Industry Association of America filed joint comments stating that “the protections of Chapter 12 have enabled an enormous variety of flexible, legitimate digital business models to emerge and thrive….” BSA|The Software Alliance, the Copyright Alliance, the Software and Information Industry Association, the Entertainment Software Association, and Microsoft similarly asserted that Section 1201 has facilitated the secure online distribution of content.. In other words, the content providers applaud title I of the DMCA (Section 1201) as much as they complain about title II of the DMCA (Section 512).. According to the content providers, title I has “enabled an enormous variety of flexible, legitimate digital business modes to emerge and thrive.” And according to the Internet industry, title II has “allowed the Internet to become what it is today—a worldwide democratizing platform for communication, creativity, and commerce.”

Videos

1. OpenSC2K - DMCA Takedown filed by EA | Schematics Update
(Schematics Team)
2. Is This Nintendo's Pettiest Takedown Ever?
(Arlo)
3. What is the Digital Millennium Copyright Act (DMCA)?
(internet-class)
4. SEO Fight Club - Episode 57 - DMCA Takedowns
(SEO Fight Club)
5. Nintendo Face Backlash After Abusing DMCA & Taking Down Videos Showing Steam Deck Emulation
(YongYea)
6. All About YouTube Copyright Claims : DMCA Takedowns, ContentID, Strikes, Fair Use and More!
(Lon.TV)

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