DMCA MiSrepreSenTATiOn : when DOeS iT AppLy ?
Intellectual Property Section Chairs : Elana Faniel - Greenway Law Firm , P . A . & Patrick Reid - Burr & Forman LLP
without doing a proper investigation , you could be opening yourself up to liability and protracted litigation .
The Digital Millennium Copyright Act ( DMCA ) contains a provision that could be a pitfall for the unwary copyright owner . The DMCA allows copyright holders to submit takedown notices to service providers claiming infringement on copyrighted works . To make such a claim , the rights holder ( or their agent ) must provide
( 1 ) identification of the copyrighted work claimed to have been infringed , ( 2 ) identification of the material that is claimed to be infringing , ( 3 ) contact information , and ( 4 ) a statement that the complaining party has a good faith belief that the use of the material is not authorized by the copyright owner , its agent , or the law and that all information in the notification is accurate . 1 The last requirement is where sloppy parties can get in trouble .
17 U . S . C . § 512 ( f ) states that “ Any person who knowingly materially misrepresents under this section that material or activity is infringing … shall be liable for any damages , including costs and
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