Copyright Act (DMCA), On-Line Defamation, Media Law & First Amendment Attorneys

Specializing In Copyright Act (DMCA), On-Line Defamation, Media Law & First Amendment Issues: Traverse Legal's attorneys handle a wide variety of on-line defamation, copyright, Digital Millennium Copyright Act (DMCA) and First Amendment/ free speech issues. We regularly assist clients in the filing and protection of copyrights and defamation threats, responding to and drafting copyright infringement and defamation threat letters on behalf of our clients.  On-line copyright infringement and defamation has also become rampant with the creation of easy Internet publishing tools such as youtube, blogs and bulletin boards.  

Managing Partner Enrico Schaefer: "Traverse Legal's attorneys know Copyright Act (DMCA), On-Line Defamation, Media Law & First Amendment law and pride themselves on advanced litigation techniques which are both cost-effective and budget oriented.  When it comes to technology, there are very few firms that can match our capabilities. Because we are a boutique litigation law firm, we know how to strategically and efficiently accomplish our client's goals. "

If you have a on-line defamation, copyright, media law or DMCA issue, or wish to register a copyright, you may contact one of our attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

What do copyrights portect?  Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture.

Top Benefits of Filing a Copyright with the United States Copyright Office

Play Show: Brian Hall Discusses Why You Need A Copyright
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ANNOUNCER: Today’s program is brought to you by Traverse Legal. A law firm specializing in internet law, domain disputes, and technology company representation. That’s Traverse Legal www.traverselegal.com. Welcome to the Vertio Talk Radio tech spotlight with your host Damien Allen.
 
DAMIEN ALLEN: Good morning and welcome to Traverse Legal Radio. My name is Damien Allen and today with us via the telephone in the studio with have Mr. Brian Hall. Brian Hall is an attorney with Traverse Legal PLC. Brian’s practice focuses on copyright matters, including copyright filings and registrations, copyright infringement litigation, and copyright licensing and related matters. Brian represents the online business interests of entities throughout the world, especially as it pertains to the internet law and related business representation matters. Good morning Brian and welcome to the program.
 
BRIAN HALL: Good morning Damien. Happy to be here.

Traverse Legal Radio Interview with Robert Cox, President of Media Bloggers Association

To support the MBA, please check out their website or join here. For more information about how Traverse Legal attorneys can help in internet defamation cases, check out this web site.  Interview with Robert Cox, President of Media Bloggers Association.

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ANNOUNCER: Today’s program is brought to you by Traverse Legal. A law firm specializing in internet law, domain disputes, and technology company representation. That’s Traverse Legal www.traverselegal.com. Welcome to the Vertio Talk Radio tech spotlight with your host Damien Allen.

Ninth Circuit Court of Appeals Ruled on Thumbnails: Indexed Images is a Fair Use of Content, not Copyright Infringement

The Ninth Circuit Court of Appeals ruled in 2007 that Goggle’s Image Search does not directly infringe copyrights when copyrighted thumbnails show up in the search results.  The Court noted that “a search engine may be more transformative than a parody because a search engine provides an entirely new use of the original work, while a parody typically has the same entertainment purpose as the original work.”  The Appeals Court referred back to the lower court's other points of the lawsuit, such as whether Google might be liable for contributory infringement or even if Google could have prevented the infringement, it might qualify for the DMCA safe harbor provisions.

Defamantion Lawsuits Against Bloggers are on the Rise: 15 Million Dollars in Judgments since 2004

An out of work real estate agent, who blogged about Anna Nicole Smith, was jailed for not turning over her computer in a defamation case brought about by Ms. Smith’s mother, Virgie Arthur.  Lyndal Harringtion is accused of spreading lies that Ms. Arthur married her stepbrother and abused Ms. Smith as a child.  When court ordered to turn over her computer or face incarceration, she told the Court that the computer had been stolen during a burglary less than a week after being subpoenaed. 

Copyright Registration and Protection for Computer Programs

The United States Copyright Office defines a computer program as a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result.  The question becomes what exactly does a copyright registration for a computer program protect?  Courts have held that copyright protection extends not only to the literal elements of a computer program, such as source code and object code, but also to the program’s non-literal elements.  These non-literal elements are the products generated by the codes interaction with the computer hardware and operating programs.  Put another way, copyright protection of a computer program extends to the structure, sequence, organization, user-interface, screen displays, and menu structures.  Therefore, a copyright registration will protect not only the code but also the output of that code.

It is important to recognize that specific filing requirements exist for a computer program.  The requirements for the deposit to the copyright office, such as the code, must be followed in order to ensure protection of the computer program.  In addition, specific claims to screen displays may be asserted on a copyright application, therefore requiring inclusion of such materials as a deposit with the copyright application.

Copyright Term in The Public Domain in the United States

Here is a resource link to information concerning the Copyright Term for published and unpublished works.  The chart identifies copyright works which become part of the public domain.  A copyright is dependent on when the work was first published, whether or not the work was registered as a copyright and whether the publication was in the United States or abroad.  Note that song recordings have a separate chart, as do architectural works.

Copyright Term and the Public Domain in the United States

Copyright Law: Questions and Answers

Copyright law, like many types of law, raises numerous issues and questions for clients.  More often than not, these questions can be answered in one of two ways.  First, frequently asked questions such as those available in the United States Copyright Office’s Frequently Asked Questions page, can be answered without legal research and much effort.  On the other hand, practical matters usually require answering multiple legal issues that may arise from a single matter.  In these instances, it is imperative that a copyright attorney review the client’s particular matter, identify copyright issues, perform copyright law research, and provide advice and recommendations based upon the copyright findings.

Copyright Protection Not Available for Names, Slogans, Titles, or Short Phrases

Names, titles, and short phrases or expressions are not subject to copyright protection.

Even if a name, title, or short phrase is novel or distinctive or if it lends itself to a play on words, it cannot be protected by copyright. The Copyright Office cannot register claims to exclusive rights in brief combinations of words such as:

• Names of products or services
• Names of businesses, organizations, or groups (including the name of a group of performers)
• Names of pseudonyms of individuals (including pen name or stage name)
• Titles of works
• Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
• Mere listings of ingredients, as in recipes, labels, or formulas. When a recipe or formula is accompanied by explanation or directions, the text directions may be copyrightable, but the recipe or formula itself remains uncopyrightable.

Fair Use Parody of Song Results in Lawsuit Dismissal

Judge Deborah A. Batts of the U.S. District Court for the Southern District of New York on Monday granted Twentieth Century Fox Film Corp.’s motion for summary judgment, dismissing a lawsuit filed by musical publisher Bourne Co., the copyright holder of the popular song.

Copyright Infringement Claims Continue to Rise

Copyright infringement in the internet age continues to be an extreme problem for copyright holders.  The internet's unprecedented ability to accumulate and to disseminate data, original works of authorship by musicians, writers, graphic designers, and artists, has also created an unprecedented opportunity for copyright infringement.

Our attorneys specialize in copyright infringement matters on behalf of copyright holders and defending against questionable copyright infringement claims.  These issues are always fact intensive, requiring experience and expertise in registered copyright, common law copyright, and licensing issues.  If you would like to speak to a copyright attorney concerning your issue, you may contact us by email or at (866) 936-7447.

How to Know Whether Content Aggregators’ Use of Third Party Content is Fair Use Under Copyright Law

We often receive questions from clients about the copyright law implications of content aggregators.  Content aggregators, to be clear, are business models in which content from the web produced by others is repackaged in a value-added manner.  Value is added to the aggregated content through the addition of user voting schemes, social networking, message boards, or other community building methods.  The question we most often receive: “Is this fair use under the Copyright Act?”

Defamation and First Amendment Attorneys: Recent Digital Millennium Copyright Act Issues across the World Wide Web

"Traverse Legal's attorneys know first hand how on-line defamation, First Amendment and copyright issues have become more complex in cyberspace.  There are very few firms that can match our ability to identify and monitor on-line content. We understand the Internet and the technology which drives it.  Because we are a boutique litigation law firm, we know how to strategically and efficiently accomplish our client's goals. "

If you have a on-line defamation, free speech or copygiht issue you may contact one of our attorneys for a free evaluation or call 866.936.7447 (International Toll Free).

Traverse Legal’s lawyers constantly monitor the latest information on the World Wide Web concerning defamation and first amendment issues.  Here is this week’s round-up:

New Test for Subpeona of Anonymous Defamation Balances Free Speech and Right to Anonymous Poster's Identity

Though the Internet is often thought of as anonymous, this seeming anonymity has not done away with tort liability for defamatory statements.  While it is more difficult to find the identity of an anonymous Internet poster through an Internet IP address, new case law has established the appropriate procedures for subpoenaing the anonymous poster of defamatory statements.  In Quixtar Inc. v. Signature Mgmt. Team, LLC, 2008 U.S. Dist. LEXIS 56593 (D. Nev., July 7, 2008, Decided), the US District Court of Nevada established a four-part test for subpoenaing an anonymous defamer.

Defamation On The Internet: Maine Court Rules Rejects Invitation to Treat Print On Demand Co. as Publisher

Court Rules Print-on-Demand Service Not Liable for Defamation

Lexicon Dictionary Of Harry Potter Works Not Fair Use

Rowling wins copyright suit against Mich. man | Freep.com | Detroit Free Press

$6 Million Dollar Defamation Lawsuit For Web Site Postings

Answer filed in defamation lawsuit | baxterbulletin.com | The Baxter Bulletin

Is Use of Famous Songs By Policital Parties At Convention Copyright Infringement

Heart to McCain/Palin: Back off on 'Barracuda' - Sound Effects - Boston.com

The use of copyrighted music by politicians is extremely common, but does it amount to copyright infringement? The rock group Heart thinks so and is using its registered copyrights to demand that John McCain and Sarah Palin quit playing their song "Baracuda".

Copyright Owners Must Assess 'Fair Use' Before Sending Take-Down Notices

Last year, we sponsored the interview "Digital Millennium Lawsuit Against Universal Music Publishing" with Marcia Hoffman of the Electronic Frontier Foundation. The district court recently ruled that Universal Music was obligated to assess the fair sue defense before sending a DMCA take-down notice. If this court's ruling becomes a trend, copyright holders who use software systems to automate take-down notices will be at risk for damages and an award of attorney fees in cases where the fair use defense prevails.

Lawyer Stops Blogging, Can't Escape Implication That He Is Speaking For his Employer Google

In an unfortunate turn of events, long time blogger William Patry ends his four years blogging contribution to copyright issues at The Copyright Blog.

The Basic Principles of Media Law: What You Should Know When Starting Or Running a Website or Online Business

There is a common misconception that the seeming anonymity and accessibility of the Internet makes it much like the Wild West.  Most Internet users do not understand that every published message board or blog post is subject to a myriad of state and federal laws, many of which were in place long before the creation of the Internet.  Internet posts can subject a poster to liability for defamation, invasion of privacy, right to publicity infringement, and trademark or copyright infringement.  Additionally, a user’s posts can subject an information service provider to vicarious liability for copyright and trademark infringement, or for the republication of defamatory statements.

Works Made For Hire Under the Copyright Act: Who Owns an Employee's Art?

A lot of creative artists and employers do not understand how copyright law affects the ownership of art.  LinkedIn recently had a great thread on the question of who owns an artistic work when an employee creates a work at the office.  The post posed the following question:

Attorney Alert: Defining Original Works Subject to Copyright Protection

If you wish to protect your original works from copyright infringement, you should, as a matter of course, register your copyrights with the United States Copyright Office. 

The United States Copyright Office, defines a Copyright as follows:

Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

* To reproduce the work in copies or phonorecords;
* To prepare derivative works based upon the work;
* To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
* To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
* To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
* In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.

One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions.

Michigan Gov. Jennifer Granholm's April 11 interview concerning Michigan's film incentive package

Here is an interview of Michigan Gov. Jennifer Granholm done on April 11, 2008 concerning Michigan's film incentive package for qualified companies looking to produce movies and TV shows in Michigan, using Michigan as a site for shooting and hiring Michigan workers:

April 11, 2008 Interview

After Stratton Oakmont v. Prodigy: Section 230 of the Communications Decency Act Provides Blanket Immunity For Interactive Computer Service Providers

Currently, attempting to control the content of your website to prevent harms such as defamation, cyber-bullying, or other offensive materials will keep you on the right side of the law.  Under Section 230 of the Communications Decency Act, providers of interactive computer services will be treated as a publishers under the law, which means that they will not be held liable for the defamatory statements of their users.  Section 230 exempts those from liability that take action to restrict users’ access to objectionable material.  But this wasn’t always the case.

2008 Michigan Filming Incentive Law: Bringing Film Makers to Michigan

Traverse Legal is a Michigan Law firm representing media interests across a wide range of issues. Traverse Legal currently represents the Traverse City Film Festival in Traverse City, Michigan and is providing legal representation to an independent film project Christina produced with writer/director Larry Brand and funded by a variety of investors including Rebecca Reynolds.

TorrentSpy the Newest in MPAA Torrent Search Engine Takedowns

TorrentSpy, the popular BitTorrent search engine, has voluntarily shut down to protect the privacy of its users in light of its ongoing legal battle with the Motion Picture Association of America (MPAA).  Visitors to the torrentspy.com website are now greeted with a message decrying the state of American privacy and copyright law.  Proponents of the BitTorrent movement argue that torrent files do not themselves store copyrighted data; they liken their search engines, such as TorrentSpy, to other sites that index data, e.g. Google.  The MPAA, on the other hand, believes that torrent search engines contribute to and encourage copyright infringement.  They have filed lawsuits and issued tactical cease and desist letters to the internet service providers hosting the torrent files, as well as end users.

Pagewaxing: A Misunderstanding of Trademark, Copyright, and Tort Law

Since its inception, the Internet has remained a home for a diversity of viewpoints.  Sometimes this diversity in voices irks others, who then take action to censor those that they do not agree with.  Pagewaxing is a new and unique form of censorship that has become increasingly common on the Internet.  Pagewaxing is a process by which a person or business uses the threat of litigation for trademark infringement, copyright infringement, or defamation against a website to censor the site owner.  Pagewaxing involves using baseless legal threats to compel a web hosting company to take down a webpage or domain name.

Most Spam Sites Tied to a Handful of Registrars: Spammers Prefer Certain Registrars

Most Spam Sites Tied to a Handful of Registrars - Security Fix

SEOmoz Posts Copyright Primer on Strategies for Registering your Online (ie Blog) Content

SEOmoz | Copyright: Sample Forms and Strategies for Registering your Online Content

STRATEGIES FOR REGISTERING YOUR ONLINE & BLOG CONTENT

I'm going to divide up the registration process into three parts because each application should include three things: (1) The Completed Application; (2) A Sample or Copy of the Work; and (3) the fee.

[excerpts only] Here is the form I will submit to the U.S. Copyright Office to register SEOmoz’s Daily SEO Blog for the first time .... Because most websites are composed primarily of text, most of you will use the form TX. If your online content is primarily audiovisual (i.e., video), then you will use the form PA. For more information about what form to use, check this out.... How do I "deposit" my online content? ...Don't forget to mail in your $45.00 check with each application. Make the check out to "Register of Copyrights." Generally speaking, the Copyright Office doesn't accept credit cards.

Technorati Tags: COPYRIGHT, BLOG,

Copying Web Site Content May Be Copyright Infringment: DMCA Take-Down Notices and other Relief

Scraping website content and posting it on your website has become a relatively common occurrence. What most people don't know is that using third party website content often results in claims of trademark infringement. Further, there is a rogue element in cyberspace which simply tries to launch websites using third party content in order to avoid having to spend time creating original content. These website "scrapers" simply steal from others in order to avoid having to do the work themselves. Our copyright attorneys help monitor your website content online to make sure that scrapers and other third parties do not use your copyright protected materials without license or permission.

» Sabotaging Websites - A New Way To Do It : Domain Bits

Oregon Asserts Copyright Protection for State Statutes

Imagine a world where state laws could not be reproduced on-line, where discussion of such laws raised possible copyright issues and where license fees had to be paid to re-publish statutes...

Info/Law » Can States Copyright Their Statutes?

Michigan Governor Granholm Signs Film Incentive Package: Tax Breaks For Films Made In Michigan

April 7, 2008 -- LANSING - Michigan Governor Jennifer M. Granholm today signed into law legislation designed to grow the film industry in Michigan, setting the stage for hundreds of millions of dollars in private investment that will create jobs in the state. The legislation was proposed by the governor in her State of the State address and is part of an overall economic stimulus plan to grow Michigan's economy and create jobs.

"We're going to grow this industry and in the process, grow our economy and create jobs," Granholm said. "Across the country and around the world, the film industry is a multi-billion dollar industry. We're going to bring some of that investment to Michigan."

Right To Privacy: Invasion of Privacy -- Misappropriation For Commercial use

The common-law right of privacy is said to protect against four types of invasion of privacy:

    (1) intrusion upon the plaintiff's seclusion or solitude, or into his private affairs;

    (2) public disclosure of embarrassing private facts about the plaintiff;

    (3) publicity that places the plaintiff in a false light in the public eye; and

    (4) appropriation, for the defendant's advantage, of the plaintiff's name or likeness. [Ruffin-Steinback v. dePasse, 82 F.Supp.2d 723, 728 (E.D.Mich.2000), aff'd 267 F.3d 457 (6th Cir. 2001)]

Court Dismisses Case Brought By Wal-Mart Against Gripe Site Defendant: Case Likely Drives More Internet Traffic To The Gripe Site.

Thanks to Eric Goldman at the Technology & Marketing Law Blog for posting the recent Grip Site & Trademark Infringement Decision in Smith v. Wal-Mart Stores, Inc., 2008 WL 760196 (N.D. Ga. March 20, 2008).  As Mr. Goldman points out, there are lots of lessons to be learned here for companies seeking to shut down unfavorable commentary by gripe site authors (and third parties such as CafePress which hosted the merchant account  but did not get sued after it modified its level of involvement in selling the disputed goods).

Want to Censor Third-Party Content? Target the Registrar or Web Host.

Bogus copyright takedown notices have become much more common. These copyright infringement letters target the web host or other third party vendor providing back on technology for your website. These third parties are typically not looking for a copyright fight and may not do the due diligence necessary in determining the validity of a copyright infringement claim.


E-Commerce News: Controversies: Domain Name Registrars: The Weakest Link in Online Free Speech

No Copyright Violation For John Q Screenplay

Authors often have the most challenging time asserting their copyright infringement claims. Distinction between protecting an expression of an idea and the idea itself is clear. Expressions of ideas are potentially copyrights. Ideas, in and of themselves, are not subject to protection.

Summary Judgment of No Substantial Similarity : Chicago IP Litigation Blog

Permission First Avoids DMCA Take Down Notice Or Copyright Threat Letter

Always get permission before using images or pictures taken by someone else. Pictures taken by someone else are copyright protected and subject to the Digital Millennium Copyright Act (DMCA).

World's Dumbest File Sharer Loses Case and Lawyer

As noted in The Register, the Thomas case surely marked a low point for both sides in the P2P wars. Now, Jammie Thomas has been fired by her own attorney who admittedly had no copyright or Digital Millennium Copyright experience.  The lawyer for Ms. Thomas apparently encouraged her to take the case to trial on principle, turning a likely $2,000 settlement into a $222,000 judgment against her.

Capital v Thomas DMCA Litigation: Damage Award Contested

Statutory damages are a huge weapon under the DMCA for copyright infringement, as well as other federal intellectual property states such as the ACPA for domain name cybersquatting.

Enforcing Your Copyright Under DMCA

1. Contact the website owner;
2. Send a Take-Down Notice to the Online Service Provider (“OSP”);
3. Send a Take-Down Notice to the Company that Registers the URL;
4. Send a Take-Down Notice to the Search Engines.

SEOmoz | Four Ways to Enforce Your Copyright: What to Do When Your Online Content Is Being Stolen

Does DMCA Cover Attempted Distribution and Copyright Infringement?

On Friday, EFF filed an amicus brief in Atlantic v. Howell, an Arizona lawsuit brought as part of the RIAA's national campaign against individuals for file-sharing. Although the case has received attention recently over the issue of whether CD ripping is legal, the main event in the case is about something different: can the RIAA sue people for attempted copyright infringement?

Use Of “Thumbnail” Images Of Copyrighted Works In Search Results May Be Contributory Infringement

In Perfect 10, Inc. v. Amazon.com, Inc., et al., No. 06-55405 (9th Cir., May 16, 2007). The Ninth Circuit holds that Google’s creation and display in search results of lower resolution ‘thumbnail’ copies of infringing images found on third party websites for the purpose of aiding the public in locating such images is a fair use that does not infringe the rights of the holder of the copyright therein.  In reaching this result, the court relied largely on the transformative nature of the thumbnails Google created, which, by facilitating the public’s ability to search the web for images, serve a different purpose than the original images, which are designed to entertain. 

Ninth Circuit Addresses “Reasonable Implementation” And Other Elements Of The Digital Millennium Copyright Act

In Perfect 10, Inc. v. CCBill LLC and Cavecreek Wholesale Internet Exchange d/b/a CWIE LLC, No. 04-57143 (9th Cir., March 29, 2007) the Ninth Circuit allowed Perfect 10 to pursue copyright infringement claims against defendants, who provide web hosting and credit card billing services, arising out of the unauthorized posting on the web by their third party customers of “adult” images in which Perfect 10 holds copyrights. Questions of fact precluded a determination of whether defendants were immunized from monetary liability for such claims by the Digital Millennium Copyright Act (“DMCA”). The Court of Appeals held such immunity extends only to service providers who “reasonably implement” a policy for terminating those of their customers that repeatedly infringe copyrights. In considering this question, the Ninth Circuit held courts should consider not only the manner in which the defendants responded to “take down” infringement notices sent by the plaintiff copyright holder, here Perfect 10, but also the manner in which they responded to similar notices from third party copyright holders.  It is evident Courts will consider not only policies concerning take down of infringing content but actual implementation of those policies under the safe harbor provisions of the DMCA.

Handling a DMCA Takedown Notice

Jaffe Juice is another one of the many who has been forced to deal with a bogus DMCA takedown notice. For anyone out there who could potentially receive a takedown notice, bloggers and others hosting web content, it is a good idea to brush up on what your course of action is should you receive one of these notices. Take a look here to see how Jaffe handled the problem.

Digital Millennium Lawsuit Against Universal Music Publishing

Interview with Marcia Hoffman, a staff attorney for the Electronic Frontier Foundation (EFF) www.eff.org. Ms. Hoffman is the lead attorney representing YouTube contributor, Stephanie Lenz, against Universal Music Publishing Group. Universal Music recently shut down Ms. Lenz' YouTube video of her toddler son dancing to a Prince song on the internet with a bogus take down notice to YouTube.

• Watch the video here.
• See the Lenz v. Universal Music Publishing Group Complaint here.
• More Info on the EFF here.

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FAIR USE Act 07 Alters DMCA's Stance

    It is widely held that the DMCA needs revisions; from abusing takedown notices to false assertions of copyright ownership the DMCA has more than its fair share of balancing issues. The new changes brought on by the passing of the Freedom and Innovation Revitalizing U.S. Entrepreneurship Act of 2007 (FAIR USE Act), in February of 07 has made some progress in addressing these problems with the DMCA.

DMCA has Compliance Issues

Over at Life On the Wicked Stage they've noted that the Media Rights Technologies, MRT, has filed cease and desist orders under the DMCA against four companies; Apple, Microsoft, Real, and Adobe. MRT filed the order because these companies have avoided using MRT technologies in their products, somewhat effectively circumventing the DMCA.

Companies Use DMCA to Shut Down Websites

One of the major powers that the DMCA provides to companies, as noted by Greg over at Consumer Law & Policy Blog, is an "easy way for companies to get information taken off the Internet." The way that companies accomplish this is by filing a notice of claimed infringement with the DMCA. The DMCA in turn notifies the ISP with a takedown notice and the ISP usually removes the content or shuts down whole sites which were claimed to be copyright infringing.

Digital Millennium Copyright Act, Overview

Digital Millennium Copyright Act of 1998

The DMCA is a synthesis of two WIPO (World Intellectual Property Organization) treaties. The two treaties are the WIPO Copyrights Treaty, and the Performances and Phonograms Treaty. The DMCA, very broadly, provides a standard for determining what is a copyright infringement and further mandates a system of civil remedies and criminal penalties if a violation has occurred. The two treaties that the DMCA is based off of also dealt with protection of intellectual properties from other countries that were members of the treaties. This theme is furthered in the DMCA as it provides rules for protection of works from other countries.

Digital Millennium Copyright Act, Base Provisions

Digital Millennium Copyright Act, Base Provisions

DMCA Title I: WIPO Copyright and Performances and Phonograms Treaties Implementation Act