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How-To: DMCA Notices
By Eaglehawk | October 6, 2007
- How-To: DMCA Notices
- How-To: Detach Sessions in Screen
Hopefully you won’t have what happened to Lucia Liljegren, and while it turned out to be an innocent mistake, I have decided to lend my expertise to all bloggers.
You will notice that Lucia mentioned something called DMCA, it stands for Digital Millennium Copyright Act or as it is known by its full name “To amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes.” Though I have never heard it by any other name other than DMCA or DMCA of 1998.
Do you have to register your writings with the copyright office? That answer is both yes and no. The moment you publish something or even write it down, it technically becomes a copyright item. You also do not have to put the © symbol on your work. However it does detract most people from copying your work.
You must have have the following items in order for a provider to consider your notification.
1. Detailed identity of the copyrighted work that I believe has been infringed upon. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or the permanent link of the post. Include here the URL to the concerned material infringing your copyright (URL of a website or URL to a post, with title, date, name of the emitter), or link to initial post with sufficient data to find it back easily
2. Identity of the material that I claim is infringing upon the copyrighted work listed in item #1 above. Include here the name of the concerned litigious material (all images or posts if relevant) with their complete reference
3. Location of the author copyright notice (for information). Include here the possible URL of the page in which you have list or give detail about your copyright.
4. Information to permit the provider, to contact you.
5. Statements Reproduce the next statements: I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by my registered copyright and by the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner of an exclusive right that is infringed.
Your signature
Signature of the author
Add your name here
Ian McAnerin has excellent templates to help you with your notifications to the the infringer, and/or hosting provider. I suggest making several attempts to the infringer first, then the hosting provider.
In my next article I will tell you how to find out who to contact.
Please keep in mind I am not an attorney, if you find you are a victim of Intellectual Property Infringement, you should seek the advice of a competent IP attorney.
Technorati: Copyright, DMCA, Internet, Internet Law, Law, Technology
Categories: ISPs, Law, Technology
Technorati Tags: Copyright, DMCA, Internet, Internet Law, Law, Technology
October 6th, 2007 at 10:18 pm
Wow, this all looks like a pretty thorough steps to take to battle someone… of course, Im sure if the damage was done, the motivation would be there.
October 6th, 2007 at 10:37 pm
Yes, there are alot of steps to handle this, but it is a requirement US based ISP’s will not accept it, should it not include each item.
October 6th, 2007 at 11:12 pm
Very interesting.. I learned a lot! Thank you.
October 8th, 2007 at 10:01 am
It is worth noting that you can also file a DMCA notice with advertising services if applicable. Even though the ad networks aren’t covered by the DMCA, most abide by it anyway.
The same goes for search engines as well if the host is not cooperative.
As for a tool to find the host, I recommend Domain Tools (domaintools.com).
Hope that helps some! Great article!
October 8th, 2007 at 1:09 pm
[...] presents How-To: DMCA Notices posted at Flight of The Eaglehawk. This is a must read about copyrighting your work. Anyone who has [...]
October 8th, 2007 at 1:27 pm
Here for Carnival!
I had to read up on the DMCA two weeks ago when one of my blogs was scraped. I filled out the info and emailed it in and Wordpress shut down the scrapers site.
October 8th, 2007 at 5:28 pm
Johnathon, I agree domain tools is really an excellent tool, but not everybody knows there are other places of where to look to send such a notice.
October 10th, 2007 at 9:16 pm
[...] thought I would submit my How-To:DMCA Notices post to the Postie Carnival. I want to thank http://www.bucketobulletz.com/ for hosting the [...]
October 11th, 2007 at 1:31 am
Well, I may start bothering those people who steal my feeds. Feedburner said that because I syndicated my feed, it was basically out there to be used.