January 14, 2008

Enforcing Your Copyright Under DMCA

How to enforce 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

There are four ways to stop someone from stealing your content. Before we dive into each of those methods, I want to preemptively address some caveats, complicating factors, and limitations of the "four methods" approach.    1. Make sure the website is actually unlawfully infringing your copyright and not making "fair use" of your content. You won't make any friends if you're throwing around unfounded nastygrams and issuing unwarranted DMCA take-down notices. The people at Chillingeffects.org will certainly not be pleased. Also, there is a possibility that you could be forced to pay attorneys' fees and costs to the website if you send an improper DMCA Take-Down Notice.   2. Many of the steps below are designed to take advantage of the U.S.'s Digital Millennium Copyright Act ("DMCA"). Because this law is only enforceable within the U.S., some of the steps below will not be effective outside of the U.S.   3. The effectiveness of the steps below also depends heavily on the accuracy of WhoIs information. Unfortunately, bad actors sometimes do not use accurate contact information to register their domains. Thus, some of the steps below will not be possible.

 

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