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

Discussion in 'Period Civil War Photos & Examinations' started by jgoodguy, May 13, 2015.

  1. jgoodguy

    jgoodguy Brigadier General Moderator Forum Host

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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.

    I hope this is helpful, ask questions and point out any errors in the above.
     
    Last edited: May 13, 2015
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  3. wilber6150

    wilber6150 Brev. Brig. Gen'l Retired Moderator

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    Thanks JGood, your first link doesn;t work though
     
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  4. jgoodguy

    jgoodguy Brigadier General Moderator Forum Host

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    Thanks for noticing. Fixed.
     
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  5. Pat Young

    Pat Young Colonel Forum Host

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    Thanks for posting this.
     
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