New Remedy for Small-time Copyright Owners

Tucked away in a corner of the December 2020 COVID relief bill was the CASE Act, a law relating to copyright infringement. Of course, because copyright has so much to do with pandemic relief. Anyway, the CASE, or Copyright Alternative in Small-Claims Enforcement, Act attempts to “streamline” copyright enforcement by creating a sort of smallContinue reading “New Remedy for Small-time Copyright Owners”

Think you can’t be sued in the US?

“I’m telling you Dad, you shouldn’t use AWS for your new website.”It should come as no surprise that the internet has thrown old rules of jurisdiction (a fancy word for where a lawsuit can successfully be brought) into question. Courts are – somewhat understandably – hard put to determine when businesses from far-flung countries shouldContinue reading “Think you can’t be sued in the US?”

DMCA – After the counternotice

Sometimes throwing down the gauntlet does more harm than good Once the counter notice is sent things get tricky – many customers think that, having sent the counter notice, the materials can be returned to the website immediately, but that’s not true. The materials must remain offline for ten days after receipt of a validContinue reading “DMCA – After the counternotice”

DMCA – I’ve sent a notice, so now what?

Once you’ve sent your DMCA takedown notice, the host will likely do one of three things: Ignore the notice Ask for additional information or for missing wording Forward the notice to the customer and request that the materials be removed The first option, ignoring the notice, is typically a bad idea for hosts given theContinue reading “DMCA – I’ve sent a notice, so now what?”

DMCA – A few things to remember

In the last post, I told you how to prepare a DMCA Takedown notice, but I also mentioned a few caveats. Some of those are: As I’ve said before, make sure you have all of the elements of the notice. It’s really not that hard. In a similar vein, don’t lard up the notice withContinue reading “DMCA – A few things to remember”

DMCA – The takedown notice

Since we’re on the topic of the DMCA, I thought I’d put together a primer on the DMCA takedown and notice procedures. As I mentioned in my last post, the takedown procedure offers a quick way for copyright holders to have their materials taken offline while reducing the risk for internet hosts and service providersContinue reading “DMCA – The takedown notice”

You’re running out of time!

Quick, I have dinner, you handle the rest!When I say you’re running out of time, you may think I’m referring to time needed to buy presents, drawing the absolutely incorrect conclusion that I have not yet purchased a suitable present for my wife. I have. It’s just that she changed the ground rules on meContinue reading “You’re running out of time!”

Think your DMCA designated agent is set? Think again.

Many businesses strive for an interactive website, but interactivity brings with it the risk that someone else’s posting will create legal risk. Fortunately, a number of laws help shield the website operator from risk, most important among them the Digital Millennium Copyright Act (DMCA) The DMCA, or more specifically the DMCA “notice and takedown” procedure,Continue reading “Think your DMCA designated agent is set? Think again.”