Two Easy Steps for Using the DMCA Takedown Notice to Battle Copyright Infringement

jgoodguy

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I make no representations about this post. I am not an attorney, nor do I represent the following as anything other than my personal opinion. Use anything I post here your own risk. You may wish to consult with an attorney.

Myself, the other moderators and the staff at CWT are very interested in copyright violations on CWT. Please PM us about issues or report the post.

A DMCA Takedown Notice is a legal document directing a website to remove an infringing image(also document, software and so on). It can be used when a website, FB page or blog has your image on it without permission with restrictions.

Two Easy Steps for Using the DMCA Takedown Notice to Battle Copyright Infringement

It appears to me that the DMCA Takedown Notice does not require an attorney to process. My personal experience is on the receiving end of a DMCA Takedown Notice and I filed a counter notice without the aid of an attorney.

Beware that you are signing the DMCA Takedown Notice under oath and you can be held accountable for false representation. You are also representing under oath that you own the copyright or are the agent of the owner. IMHO almost always, once a site receives the DMCA Takedown Notice the item is removed and that is the end of it. However a counter claim can be made challenging the claim of copyright and the only recourse is to litigate. If you have not registered the copyright, recovery is almost impossible. A counter claim can also be made claiming fair use. Fair Use is the right to use a Copyrighted image, in limited circumstances, without license or permission. There is no Fair Use where the use is for profit or the volume of material is excessive.

A sample of fair use guidelines follows. Read the entire article and Google fair use for a number of articles about it.

here are also certain “portion limitations.” An educational multimedia presentation may include:
  • Up to 10% or 1,000 words, whichever is less, of a copyrighted text work. For example, you may use an entire poem of less than 250 words but no more than three poems by one poet or five poems by different poets from the same anthology.
  • Up to 10%, but not more than 30 seconds, of the music and lyrics from an individual musical work.
  • Up to 10% or three minutes, whichever is less, of a copyrighted motion media work—for example, an animation, video, or film image.
  • A photograph or illustration in its entirety but no more than five images by the same artist or photographer. When using photographs and illustrations from a published collective work, you may use no more than 10% or 15 images, whichever is less. Or,
  • Up to 10% or 2,500 fields or cell entries, whichever is less, from a copyrighted database or data table. A “field entry” is defined as a specific item of information, such as a name or Social Security number in a database file record. A “cell entry” is defined as the intersection at which a row and a column meet on a spreadsheet.
- See more at: http://fairuse.stanford.edu/overvie...sed-fair-use-guidelines/#sthash.xBjEGx27.dpuf
I hope this is helpful, ask questions and point out any errors in the above.
 
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