DMCA Questions

Advice for those new to the concepts of copyright
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totallyfreeipad.co.uk
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DMCA Questions

Post by totallyfreeipad.co.uk » Sat Oct 09, 2010 10:20 am

I am thinking of setting up a site which will allow users to host their own blogs but under a domain.

My questions are:

1) If I register with copyright office do I register as an OSP or ISP?

2) I have read into the Take Down and Put Back procedure of the DMCA and can see how this would avoid any issues down the line. However if I don't register am I not able to operate this procedure even if I specify on my website. *

Thanks!


* Clarification:

I haven't registered but my site specifically says "We operate under the take down and put back" and I show people that want to file a violation the process that it entails.

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AndyJ
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Post by AndyJ » Sat Oct 09, 2010 3:59 pm

In what jurisdiction will your server(s) be located? You have a .co.uk user name, but if you are are concerned about DMCA (which of course is a US law) I'm not sure about the law you want clarified. UK/EU law is somewhat different to US law on this subject.

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Post by totallyfreeipad.co.uk » Sat Oct 09, 2010 5:09 pm

Sorry my username is a completely different thing entirely.

The server is located in US and the site will be a .c om

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Post by AndyJ » Sat Oct 09, 2010 6:32 pm

Thanks for the update. I ought to say that if this venture is going to be a paying business*, for your own safety you should really get professional advice on this subject, and on the terms and conditions of the site, because you could have a lot to lose financially if things go wrong. Even Viacom and Youtube have faced legal difficulties over this issue and I suspect they had the best legal advice beforehand!
However, on the first of your questions I hope I can help. Your service would be an OSP in this context. An ISP is someone who facilitates a physical connection to the Internet, for instance through a copper landline, fibre, or 3G/4G mobile operator. The relevant rules for registration as an OSP with the US Copyright Office are here: http://www.copyright.gov/onlinesp/
I'm sure you are already aware that the relevant part of the DMCA is the Online Copyright Infringement Liability Limitation Act (OCILLA). If you have not already read it, I can recommend the Wikipedia article on the subject (http://en.wikipedia.org/wiki/Online_Cop ... tation_Act) as an easily readable, but comprehensive roundup of the law. In addition, you need to check that the local State laws for where your server is located do not impose any additional requirements.

*Note. Be careful that you do not profit financially as a direct result of any copyright infringement which may occur on your site, as this nullifies the 'safe harbor' protection. Napster were found to have 'encouraged' the posting of infringing material which attracted other members to its site, and so were held to have profitted from the infringing activity..

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Post by totallyfreeipad.co.uk » Sat Oct 09, 2010 9:40 pm

Thanks for the response! That Article was a great read.

Revenue will be generated from ads so that is not a problem as I wont be getting revenue from the violation.

Also if I don't register as an OSP am I correct in assuming that OCILLA doesn't apply for me?

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Post by AndyJ » Sun Oct 10, 2010 8:03 am

Yes, if you wish to have the protection the OCILLA provides to OSPs, then you need to register. Here's what Section 512(2) of Title 17 USC Chapter 6 says:

"(2) Designated agent.— The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:
(A) the name, address, phone number, and electronic mail address of the agent.
(B) other contact information which the Register of Copyrights may deem appropriate.
The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, in both electronic and hard copy formats, and may require payment of a fee by service providers to cover the costs of maintaining the directory."

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