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DMCA: a $105 "fix" for UGC safe-harbor from copyright lawsuits
encyclo

WebmasterWorld Senior Member encyclo us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 4223683 posted 2:09 am on Oct 29, 2010 (gmt 0)

The $105 Fix That Could Protect You From Copyright-Troll Lawsuits [wired.com]
Copyright troll Righthaven is exploiting a loophole in intellectual property law, suing websites that might have avoided any trace of civil liability had they spent a mere $105. That's the fee for a blog or other website to register a DMCA takedown agent with the U.S. Copyright Office, an obscure bureaucratic prerequisite to enjoying a legal "safe harbor" from copyright lawsuits over third-party posts, such as reader comments.

Many of its lawsuits arise, not from articles posted by a website’s proprietors, but from comments and forum posts by the site’s readers. Under the Digital Millennium Copyright Act, a website enjoys effective immunity from civil copyright liability for user content, provided they, promptly remove infringing material at the request of a rightsholder. (...) But to dock in that legal safe harbor, a site has to, among other things, register an official contact point for DMCA takedown notices, a process that involves filling out a form and mailing a check to the government.


More about safe harbor from Chilling Effects: [chillingeffects.org...]

 

rogerd

WebmasterWorld Administrator rogerd us a WebmasterWorld Top Contributor of All Time 10+ Year Member



 
Msg#: 4223683 posted 4:33 pm on Nov 2, 2010 (gmt 0)

Interesting stuff. I've never heard of the specific registry process before.

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