DMCA: Giving and Getting Take Down Notices

April 26, 2007 on 7:09 pm | In DMCA | No Comments

Ok, so you’ve got online content. Or you’ve seen your content online. Should you send a take down notice or get one, this informal check list hopes to help you get it right, the first time:

1) Follow the rules. Seems obvious, but if you’re a web host, content publisher, transmitter, the DMCA (17 USC 512) may provide some liability insulation. If you put the content up - it’s your web site for example - the DMCA is not going to work for you if you receive a take down notice but it will dictate how you respond. So take note.

To qualify under the first prong of the DMCA for liability insulation, the transmission of the material was initiated by or at the direction of a person OTHER than you. You’ll have to call me to find out why I say “some” liability insulation. It is not a complete immunity. If you qualify though and follow the rules, you - aka a service provider - are not liable for money damages or injunctive relief for copyright infringement. Continue reading DMCA: Giving and Getting Take Down Notices…