Have you filed your DMCA Agent designation?

Gordon P. Firemark

TRANSCRIPT: Are your websites and online businesses properly protected against lawsuits by the DMCA Safe Harbor? You’ve probably heard about the DMCA before. Well, that same law, the DMCA, also provides protection against lawsuits.

Design 237

T-Bone Burnett’s Comments on Reform of the DMCA Safe Harbor

Music Technology Policy

Copyright Office has invited the public to comment on potential reforms of the DMCA “safe harbors” and the incomparable T-Bone Burnett delivered this video version of his insightful comments on DMCA abuse. (See The U.S.

DMCA 81

Trending Sources

Fixing the Legacy DMCA by Contract

Music Technology Policy

Fixing the problems in a contract is much more doable, will produce a quicker result and could be a guidepost for any legislative reform to bring the DMCA into the 21st Century. Time for them to stop hiding behind the DMCA. Labels made deals with @YouTube out of desperation.

DMCA 82

BMG Rights Leads the Way on Enforcing DMCA Predicates

Music Technology Policy

” Contrary to what it seems a lot of people believe, the DMCA is not a “catch me if you can” alibi. This argument has been around since 1999 at least for one reason–it would essentially turn the DMCA safe harbor into a “catch me if you can” alibi that not only was totally unworkable but was also defeated the purpose of the predicate in the first place. Or, as we say around MTP, the DMCA is not an alibi

ISP 50

Register your DMCA Agent by December 31 or risk losing your “safe-harbor” protection against copyright infringement lawsuits.

Gordon P. Firemark

Earlier this year, the copyright office finalized the plan to modernize the process for registering your DMCA Agent. Operators of sites with a registered DMCA Agent can benefit from a “safe harbor” providing immunity from certain kinds of infringement suits if they comply with some basic protocols. The post Register your DMCA Agent by December 31 or risk losing your “safe-harbor” protection against copyright infringement lawsuits.

DMCA 100

The Detestable “DMCA License”

Music Technology Policy

We’ve referred a couple of times to the “DMCA license” a detestable phrase that I heard around the SXSW tech panels used as though it actually meant something. Corey Field went to the trouble of actually explaining why there is no such thing as a DMCA license without the serving of bile that accompanied my own. See “ The DMCA License

DMCA 51

“Out of Balance”: @beggarsgroup Martin Mills’ Rallying Cry on DMCA Abuse at Canadian Music Week

Music Technology Policy

Today’s post is actually the second part of Martin’s speech concerning the DMCA safe harbors, a topic that was the subject of a recent IP Subcommittee hearing in the House of Representatives. This part will address the problems that Martin has with interpretations of the DMCA and notice and takedown-type statutes in various countries. Out of Balance: DMCA Abuse. Imbalance in the Safe Harbors: YouTube and Grooveshark Rely on Distorting the DMCA. [An]

DMCA 86

U.S. Copyright Office Rolls Out New Electronic DMCA Agent Designation System

New Media and Technology Law

A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required to designate an agent to receive takedown notices. The service provider is required to post the DMCA agent’s contact information on its website and to provide such information to the Copyright Office. 201.38) establishing a new electronic system to designate agents to receive takedown notifications under the DMCA.

Agent 47

Gray on Copyright Infringement and the First Amendment: User-Generated Content and DMCA Interpretation @StanfordLaw

Media Law Prof Blog

Megan Gray, Stanford Center for Internet & Society; Gray Matters, has published Copyright Infringement and the First Amendment: User-Generated Content and DMCA Interpretation -- Youtube.

Rulemaking Under the DMCA

Media Law Prof Blog

Arielle Rani Singh has published Agency Regulation in Copyright Law: Rulemaking Under the DMCA and Its Broader Implications in volume 26 of the Berkeley Technology Law Journal. Here is the abstract. On July 27, 2010, the Library of Congress and

DMCA 52

Pre-72 Sound Recordings not subject to DMCA

Current Trends

Under New York state law a decision issued last week holds pre-1972 sound recordings are not subject to the DMCA safe harbor provisions and Grooveshark is liable for state law copyright infringement of UMG owned pre-1972 sound recordings.

DMCA 62

The DMCA and the Remix

Media Law Prof Blog

Teri Karobonik, New Media Rights, and Arthur H. Neill, New Media Rights & California Western School of Law, have published Remixing Copyright Law: How Copyright Reform Can Empower Remix Creators and Internet Users. Here is the abstract. When it comes

DMCA 52

Copyright Erosion: How DMCA Misuse Became A Multimillion Dollar Shakedown

Music Technology Policy

The argument is that due to an extraordinarily distorted interpretation of the “safe harbors” created with the best of intentions by the Congress in 1998 (the so-called “DMCA notice and takedown”), the value of copyright not only is eroded, but an–illegal–multi-billion dollar business has evolved. The DMCA has, in effect, fostered one of the greatest income transfers of all time (as described in Jaron Lanier’s new book, Who Owns the Future?

DMCA 87

The DMCA, Campaign Debate Footage, and Political Advertising

Media Law Prof Blog

Susan Park, Boise State University, has published Unauthorized Televised Debate Footage in Political Campaign Advertising: Fair Use and the DMCA in volume 29 of the Southern Law Journal (2013).

DMCA 67

Supreme Court Asked if DMCA Safe Harbors Apply to Pre-1972 Sound Recordings

THR, Esq. Entertainment & Media Law Blog

Capitol Records is taking its dispute with Vimeo to the high court. read more. THR, Esq. Music Music THR Online

Who is this masked anti-DMCA activist?

Copyrights & Campaigns

And he's even come up with a novel and not-totally-crazy argument that the DMCA is unconstitutional insofar as it requires anyone who files a counternotice to reveal his identity, in violation of the right to speak anonymously. Tags: copyright DMCA First Amendment fair use

DMCA 52

White House Protection: DMCA Notice and Shakedown is Not YouTube’s Only Leverage — Artist Rights Watch

Music Technology Policy

It’s also no secret that Google’s “notice and shakedown” interpretation of the government’s DMCA safe harbors hands Google (which owns YouTube) a lot of leverage to the great disadvantage of artists, songwriters, record companies and music publishers.

10 years of the DMCA

Cyberlaw Central

The Electronic Frontier Foundation covers “Unintended Consequences: 10 years under the DMCA&# here. Tags: DMCA It’s been 10 years today since President Clinton signed the Digital Millennium Copyright Act into law. Wired has put together a nice retrospective, available here. They call it a misunderstood law that created the Internet commerce as we know it today. Public Knowledge’s take on the act is here.

DMCA 40

YouTube’s DMCA Abuse and Indie Labels: How Google is Blowing it for the Honest People

Music Technology Policy

In a speech at Canadian Music Week, Beggars Group Chairman Martin Mills was not only right, he was prescient: Google, the parent of YouTube, [is] one of the companies that have made billions on the back of [the DMCA notice and takedown,] a statutory provision intended to protect ordinary people acting innocently. Google has now refined the DMCA to a tool to leverage its anticompetitive activities. This shows up their DMCA abuse for what it really is: notice and shakedown.

DMCA 87

The DMCA Still is Not An Alibi: How is Google Search Like the Ford Pinto?

Music Technology Policy

Google could, of course, block the hash for each file that is the subject of a DMCA notice. In fact, there’s nothing in the Copyright Act that prevents a copyright owner from including the hash of a particular file in the DMCA notice to Google. The Pinto Gap.

DMCA 75

Who Exactly Is a ‘User’ under the DMCA Safe Harbor?

New Media and Technology Law

The DMCA was enacted in 1998 to preserve “strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in a digital networked environment.” As part of this implicit bargain, Title II of the DMCA offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. Copyright Online Content copyright DMCA safe harbor DMCA user storage provider

DMCA 40

@mattpinfield: KFOG Interviews David Lowery on Artist Letter Against DMCA Shakedown — Artist Rights Watch

Music Technology Policy

Lowery: “The DMCA is an AOL law in a Snapchat world.” KFOG’s Matt Pinfield interviews David Lowery on air about the 180 artists joining the grassroots to oppose the DMCA. via @mattpinfield: KFOG Interviews David Lowery on Artist Letter Against DMCA Shakedown — Artist Rights Watch

AOL 40

Google Creates DMCA Time Machine

The Legal Satyricon

Fischer Until now, Google has managed to keep its development of a working flux capacitor under wraps, quietly rolling out the ability to send DMCA notices from as early as January 1, 1900. by Jason A. In other news, archeologists today announced the discovery of new cave drawings that include a text ad for Viagra. [.]. copyright lulz

DMCA 43

Target Facebook: Is the Social Network Joining the “DMCA License” Group

Music Technology Policy

So there it is–Facebook is joining the “DMCA license” crowd–meaning that by relying on the hopelessly out of date “notice and shakedown” provisions of the U.S. Americans are freedom loving people and nothing says freedom like getting away with it.

The $500,000,000 Cost of Google’s Five Million DMCA Notices

Music Technology Policy

If I told you that the DMCA notice system at Google alone was taking $500,000,000 a year out of the already beaten down global creative community, would you say that is such a staggering sum it can’t be right? One of Google’s legion of lobbyists recently testified at the House Judiciary Committee that Google alone has “processed” nearly five million DMCA notices so far this year. Are Five Million DMCA Notices Too Many?

DMCA 74

Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

New Media and Technology Law

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. 25, 2016), the appeals court affirmed the lower court’s holding that the infringing photographs were not uploaded at the direction of the defendant and Examiner.com was protected under the DMCA safe harbor. Copyright Online Content copyright DMCA safe harbor 512(c) DMCA user storage provider

DMCA 40

Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

New Media and Technology Law

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. 25, 2016), the appeals court affirmed the lower court’s holding that the infringing photographs were not uploaded at the direction of the defendant and Examiner.com was protected under the DMCA safe harbor. Copyright Online Content copyright DMCA safe harbor 512(c) DMCA user storage provider

DMCA 40

The Discomfort of Thievery, The Fallacy of the “DMCA License”

Music Technology Policy

So it should not be surprising to hear the phrase “DMCA license” uttered frequently around the conference as though that meant something. The key element of the “DMCA license” is having a pathological lack of empathy for the artists. And it is that element that varies from person to person who avails themselves of the “DMCA license.” The digital native can reply, “Nay, I am no thief, I am a DMCA licensee!”

DMCA 63

Slides from DMCA presentation - and Thanks!

Cyberlaw Central

My presentation focused on the DMCA and discussed four recent cases. thompson-presentation-2009-05-15-10-years-of-the-dmca. Tags: Copyright DMCA Speaking I’ve been meaning to put these up for a while, here are the slides from the presentation I gave to the Chicago Bar Association’s seminar on website operator liability on May 15, 2009.

DMCA 40

Why didn’t Chilling Effects register a DMCA agent?

Music Technology Policy

One of the intimidation tactics regularly used by Google in responding to DMCA notices is to forward the notice to something called the Chilling Effects Clearing House. (See A copy of each DMCA takedown and counter-notice may be transmitted to Chilling Effects, and posted to a public-facing website (with your personal information removed).” ” What these people do is repost your DMCA notice for a nice Two Minutes Hate from the Google Amen Chorus. (A

DMCA 59

Reminder: Electronic Registration of Designated Agent for DMCA Safe-Harbor Take-Down Notices Due at Copyright Office by December 31

Broadcast Law Blog

Intellectual Property On Line Media Website Issues designated agent for take down notice DMCA safe harbor Section 512 copyright act user generated content

How many DMCA notices are too many?

Music Technology Policy

This isn’t speculation anymore–YouTube must have received at least a million DMCA notices by now. District Judge Jeremy Fogel (who essentially codified what we understand to be the DMCA practice of Stanford benefactor Google in his ruling in the Lenz case)? For as Google, the EFFluviati and what Andrew Orlowski calls the “ freetards ” tell us, that was the deal that copyright owners made in the DMCA—catch us if you can.

DMCA 50

How to DMCA : Google Web Search, De-Listing Infringing Links

Music Technology Policy

Reblogged from The Trichordist: WARNING! The following is for informational purposes only and does not constitute legal advice. We strongly recommend seeking the advice of a lawyer. Find below easy to follow step by step instructions to de-list your infringing links from Google Web Search.

DMCA 78

U.S. Dept. of Commerce Releases Multistakeholder Guidance on DMCA Notice and Takedown Best Practices

New Media and Technology Law

of Commerce’s Internet Policy Task Force released a guidance containing a list of best practices (and notable “bad” practices), all designed to improve the DMCA’s notice and takedown system for both senders and recipients of notices [See “ DMCA Notice-and-Takedown Processes: List of Good, Bad, and Situational Practices ”]. For example, some “Good Practices” for service providers include: Making DMCA takedown and counter-notice mechanisms easy to find and understand.

DMCA 46

The DMCA Still is Not An Alibi: How is Google Search Like the Ford Pinto?

Music Technology Policy

” This is known as the “DMCA license” which of course is neither permitted by the DMCA nor a license. Google could, of course, block the hash for each file that is the subject of a DMCA notice. The Pinto Gap.

DMCA 56

What really happened with the 'RickRoll' video: likely NOT the subject of a DMCA notice

Copyrights & Campaigns

And running through a lot of the commentary is the assumption that the video was removed because one of the owners of the copyright in the song (either the music publisher or record label) sent a DMCA notice to YouTube, claiming that the video is infringing. Tags: copyright DMCA

DMCA 63

Copyright Erosion: How DMCA Misuse Became A Multimillion Dollar Shakedown and Income Transfer

Music Technology Policy

The argument is that due to an extraordinarily distorted interpretation of the “safe harbors” created with the best of intentions by the Congress in 1998 (the so-called “DMCA notice and takedown”), the…. Originally posted on MUSIC • TECHNOLOGY • POLICY : I participated on a panel at the 2013 USC Institute on Entertainment Law and Business on October 5 in Los Angeles.

Daniel Kreps: Jack White, Pearl Jam, U2, Trent Reznor Sign DMCA Petition — Artist Rights Watch

Music Technology Policy

via Daniel Kreps: Jack White, Pearl Jam, U2, Trent Reznor Sign DMCA Petition — Artist Rights WatchDon’t worry, the Department of Justice will protect Google from these cranky artists, democracy is safe. It’s actually a big deal that U2 signed the petition given their connections to Google through the Silicon Valley venture capital networks.

Google Defeats Viacom’s Copyright Case with DMCA Safe Harbor

JetLawBlog

YouTube maintained that it complied with DMCA takedown notices, and was therefore not responsible under the one of the safe harbors in the Act. Under the DMCA, a copyright holder can notify YouTube of an infringing post. The district court found that YouTube had complied with all DMCA takedown notices, and in one instance took as many as 10,000 videos down in one day. Viacom reads the DMCA to require service providers to review content before it goes live.

DMCA 44

The $500,000,000 Cost of Google’s Five Million DMCA Notices

Music Technology Policy

If I told you that the DMCA notice system at Google alone was taking $500,000,000 a year out of the already beaten down global creative community, would you say that is such a staggering sum it can’t be right? One of Google’s legion of lobbyists recently testified at the House Judiciary Committee that Google alone has “processed” nearly five million DMCA notices so far this year.

DMCA 62

4 Million DMCA Notices Don’t Stop the Google Piracy Machine: How Google Drives Traffic to Pirate Sites Through Google Alerts

Music Technology Policy

First thing we notice is that Google has received over 31 million DMCA notices to disable links in the last 30 days –and this is only for search. Google news alerts are emails sent to you by Google through the data analysis of its monopoly search engine.

Piracy 111

The $500,000,000 Cost of Google’s Five Million DMCA Notices

Music Technology Policy

If I told you that the DMCA notice system at Google alone was taking $500,000,000 a year out of the already beaten down global creative community, would you say that is such a staggering sum it can’t be right? One of Google’s legion of lobbyists recently testified at the House Judiciary Committee that Google alone has “processed” nearly five million DMCA notices so far this year. Are Five Million DMCA Notices Too Many?

DMCA 57

Update: Should there be a rating system for “red flag” knowledge: Are Five Million DMCA notices too many?

Music Technology Policy

[Update by Chris Castle: In written testimony before the House Judiciary Committee on November 16, Google's lobbyist acknowledged that " During 2010, we processed DMCA takedown notices for approximately three million items across all of our products. We were also treated to many recitations about how much money the tech companies make off of the Internet and the DMCA. This isn’t speculation anymore–YouTube must have received at least a million DMCA notices by now.

DMCA 60