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.

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.

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.

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

Court awards $214 Million for DMCA Circumvention

Cyberlaw Central

The bare minimum the judge could award for violation of the DMCA’s trafficking provision, §1201(a)(2) , was $200 per infringement, and the plaintiffs were able to prove that there were 1,074,093 infringements. Court awards $214 Million for DMCA Circumvention is a post from: Cyberlaw Central. ©2011 Cases Copyright DMCAThe recent decision by the United States District Court for the Southern District of California in the Echostar Satellite LLC v.

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.

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.

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.

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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.

“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]

The DMCA is not an Alibi: The Googlization of Art and Artists

Music Technology Policy

The DMCA has in it something called “notice and takedown”. ( The way that Google wants to interpret the DMCA skips the first step—the keep your house in order step. They want to interpret the DMCA as requiring copyright owners to notify them for each instance of infringing material on YouTube—but make no mistake, this is about Google more than it is about YouTube. Google’s interpretation of the DMCA is full employment for lawyers.

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?

Guest Post by @schneidermaria: Content ID is Still Just Piracy in Disguise: An Open Letter to Rightsholders and a Music Industry Ready to Renegotiate with a Monster

Music Technology Policy

I’ve received five GRAMMY ® Awards, and even testified about the DMCA next to Google’s counsel, Katherine Oyama, listening to her boast at length about the virtues of Content ID and its ability to block uploads. It’s right in the DMCA. By Maria Schneider.

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.

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

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?

The DMCA is not an Alibi: The Googlization of Art and Artists

Music Technology Policy

The DMCA has in it something called “notice and takedown”. ( The way that Google wants to interpret the DMCA skips the first step—the keep your house in order step. They want to interpret the DMCA as requiring copyright owners to notify them for each instance of infringing material on YouTube—but make no mistake, this is about Google more than it is about YouTube. Google’s interpretation of the DMCA is full employment for lawyers.

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?

The $500,000,000 Cost to Artists 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?

Should there be a rating system for “red flag” knowledge: How many DMCA notices are too many?

Music Technology Policy

Update: 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. This isn’t speculation anymore–YouTube must have received at least a million DMCA notices by now. A ranking system for copyright infringers based on DMCA notices sent? (Or

Safe Harbor Not Loophole: Five Things We Could Do Right Now to Make the DMCA Notice and Takedown Work Better

Music Technology Policy

Reblogged from The Trichordist: There has been considerable discussion about how the DMCA notice and takedown procedures are “broken.” We don’t think that this is quite true—the procedures are manipulated, misunderstood and abused on a grand scale. That doesn’t mean that the notice and takedown procedure is “broken” any more than the laws against burglary, theft and tax evasion are “broken.”

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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.

The DMCA Vs. Content Filtering As An Approach To Copyright Infringement On YouTube

Media Law Prof Blog

Youtube: All Eyes Blind--The Limits of the DMCA in a Web 2.0 Amir Hassanabadi, University of California Berkeley School of Law & Berkeley Center for Law & Technology, has published Viacom v. World in volume 26 of the Berkeley Technology

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.

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

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?

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.

Google gives the DMCA Okie Doke on the Utoopi App

Music Technology Policy

This is what we call the “DMCA Okie Doke.” But Google’s reaction to Congresswoman Maloney is reminiscent of what Google does with DMCA takedown notices–they surely must know the work is being infringed, but they will only move if it suits them or if they are ordered to do so and will allow it to go right back up once the danger has passed. WASHINGTON, DC - Rep. Carolyn Maloney (D-NY) spoke today about a destructive illegal escort service app.

Should there be a rating system for “red flag” knowledge: 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.

The DMCA is not an Alibi: The Googlization of Art and Artists

Music Technology Policy

Originally posted on MUSIC • TECHNOLOGY • POLICY : [We first posted this in October 2006. How little has changed in 8 years. According to Google''s most recent Transparency Report, Google receives 20 million take down notices a month for search alone. View original

TWiL 136 and @cyberlaw Links

Cyberlaw Central

RIAA Lawyer Says DMCA May Need Overhaul. Greg Sandoval of CNET had an interesting article, focusing on a statement during a panel discussion by Jennifer Pariser that the DMCA needed an overhaul. Copyright DMCA First Sale Doctrine Musings Speaking Video

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

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

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.

Copyright Office to Extend Comment Dates on Examination of DMCA Section 512 Safe Harbor for User-Generated Content

Broadcast Law Blog

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

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

Receiving DMCA protections while remaining anonymous: Having your cake and eating it too

The Legal Satyricon

DeVoy A significant portion of the blogosphere – or at least what I read of it – acts under cover of anonymity. I think this is important, especially given the candid statements these authors make about political matters and issues of public concern – particularly because these sentiments are far outside the mainstream. [.]. copyright internet law

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

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).

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.