Scarinci Hollenbeck, LLC
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201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: June 23, 2015
The Firm
201-896-4100 info@sh-law.comAmong the most notable, service providers must “respond expeditiously to remove, or disable access to, the material that is claimed to be infringing” upon receiving notice of infringing material being posted on their networks. The notification process has become commonly known as “DMCA notice-and-takedown process.”
The DMCA notice-and-takedown process requires a notification of claimed copyright infringement to include certain information, such as the complaining party’s contact information and identification of the infringing material. However, it does not establish a specific procedure for the notification and removal of infringing material. As a result, service providers have adopted their own policies and procedures.
To help ensure that DMCA notice-and-takedown mechanisms are easy to find and understand, the U.S. Department of Commerce recently published several DCMA best practices. Below are some brief highlights:
The U.S. Department of Commerce also highlights several “bad” practices, such as the use of stigmatizing or intimidating language in connection with any DMCA notice mechanism with the intent to chill submission of legitimate notices. For notice senders, the guidance warns against using the DMCA Notice-and-Takedown process to harass or retaliate against others, such as using a notice to temporarily silencing a critic.
Do you have any feedback, thoughts, reactions or comments concerning this topic? Feel free to leave a comment below for Fernando M. Pinguelo and follow the twitter accounts @CyberPinguelo and @eWHW_Blog for timely comments on related issues. If you have any questions about this post or would like assistance with your legal needs, please contact me or the Scarinci Hollenbeck attorney with whom you work. To learn more about data privacy and security, visit eWhiteHouse Watch – Where Technology, Politics, and Privacy Collide (http://ewhwblog.com).
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