A Digital Solution For A Digital Copyright Age
As of 1998, the Digital Millennium Copyright Act (DMCA) has been in force to afford a means to copyright holders to have infringing content taken down from Internet sites quickly while at the same time protecting service providers ― whether hosting companies or websites like eBay and YouTube that post content received from third parties ― from copyright infringement claims if they act promptly to remove infringing content from their sites. The DMCA also prohibits, among other things, making or selling devices or services that are primarily for the purpose of circumventing technology designed to prevent copyright infringement.
For more than 40 years, I have been working hard to protect the creative inventions of my clients. In addition to this legal experience, I am also an author who understands the importance of protecting creative works. To learn more about my intellectual property practice, my background or copyright infringement lawsuits, feel free to call my office in San Francisco at 415-906-2792.
Is Copyright Infringement Involved In Your Case?
Copyright infringement claims under the DMCA occur in one of two situations:
- Safe harbor laws: An owner of copyrighted material may serve a takedown notice to an Internet service provider (ISP) to have the material promptly removed. The person who posted the material claimed to be infringing may then serve a counter-notification to have the material restored to the site. The ISP is given “safe harbor” against infringement claims stemming from infringing material appearing on its website if it acts in compliance with the procedures and requirements of the DMCA.
- Anti-circumvention laws: Manufacturers of everything from DVDs to consumer software to video games use technological measures to prevent illegal copying or use of their copyrighted material. The DMCA makes it unlawful to create devices or offer services that 1) are primarily designed to circumvent those technological measures, 2) have only limited commercially significant purpose or use other than for infringement, or 3) they are simply marketed for use in circumventing. These laws see any piece of software that is created for the sole purpose of creating duplicates of CDs, DVDs and other copyright material as contributory copyright infringement. If it can be proven that the sole reason for this software to exist is to aid and abet copyright infringement, then the creator of that software will be held liable.
I work with copyright owners, ISPs and parties accused of copyright infringement to respond quickly and effectively with respect to takedown notices. I also zealously represent individuals in DMCA litigation involving copyright infringement claims.
Contact Me Regarding DMCA Claims
To learn more about the DMCA, complete an online contact form or call my office to schedule a time to meet. I am here to help you understand your rights and protect your creative endeavors.