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.

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“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]

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Trending Sources

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. Registration offers important protections for all operators of online service providers. 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.

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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.

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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

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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?

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Court awards $214 Million for DMCA Circumvention

Cyberlaw Central

The defendants had been manufacturing receivers that circumvented the copy protection in the Echostar / DISH Network service. 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 DMCA

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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

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

Music Technology Policy

Google lawyers like Mr. Von Lohman attempt to twist the copyright law around to create a gap between the time they start allowing infringing content to be put into service and the time they get caught–what I call the “Pinto Gap.” The Pinto Gap.

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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

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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

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

Broadcast Law Blog

The Copyright Office yesterday issued a reminder, here , that their electronic system for “ designated agents ” of Internet service providers – those who are to receive notice of any claimed infringing content posted on a service provider’s site – is active and all services must register in that system by December 31 for such registrations to remain valid. The new system also imposed obligations on services to periodically renew and update the information that they provide.

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!”

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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.

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How many DMCA notices are too many?

Music Technology Policy

In a recent conversation I had with an attorney who has represented YouTube, I asked him a question that I now feel very safe in asking—does a million notice and takedowns sent to one service in 12-18 months constitute “red flag” knowledge? This isn’t speculation anymore–YouTube must have received at least a million DMCA notices by now. Well, you see, it depends on how large the service is. A ranking system for copyright infringers based on DMCA notices sent? (Or

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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

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A Cautionary Tale for Congress: Big Tech Uses Fake Grassroots Interference Lobbying In Europe

Music Technology Policy

Crucially, it appears that bot farming techniques and mass email attacks verging on denial of service are weapons in Big Tech’s interference lobbying arsenal despite their hollow assurances to multiple governments about policing interference by state actors in national elections.

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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

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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.

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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.

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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 notice and takedown provisions essentially say that if you are an online service provider and are not otherwise aware of infringing activity going on in your house, if a copyright owner finds an infringement on your site they can send you a notice and make you disable access to the infringing material. The way that Google wants to interpret the DMCA skips the first step—the keep your house in order step.

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

Broadcast Law Blog

The Copyright Office is scheduled to publish in the Federal Register tomorrow an extension of time for parties who wish to comment on the Request for Additional Comments in its study of Section 512 of the Digital Millennium Copyright Act, the “safe harbor” for those Internet Service Providers who host websites or run networks on which user-generated content is posted.

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.

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Full Indie Label Statement on YouTube DMCA Abuse and Bully Boy Tactics

Music Technology Policy

Talk about DMCA abuse! As reported by several news sources: ( [link] ) YouTube is expected to launch a new music streaming service. The service has apparently negotiated separate agreements with the three major labels – Sony, Warner and Universal – but according to WIN’s trade association colleagues has yet to reach any substantive agreement with their members. This pressure over the labels is insane and will lead nowhere, but to a delay in service launch.”.

Google gives the DMCA Okie Doke on the Utoopi App

Music Technology Policy

Carolyn Maloney (D-NY) spoke today about a destructive illegal escort service app. Immediately after learning of this disturbing app, Representative Maloney fired off a letter to Google (attached) saying in part: “…It is appalling beyond belief that someone would try to market an ‘app’ like Utoopi, which is about illegal escort services plain and simple. In response, Google reaffirmed its policies against advertising such services. WASHINGTON, DC - Rep.

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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

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Don Henley's 'Boys of Summer' suit: a DMCA first?

Copyrights & Campaigns

One interesting bit of legal history (I think): according to the complaint, Henley sent a DMCA takedown notice to YouTube on the "The Boys of Summer" video on April 3, and DeVore responded with a counternotice April 7. and Courthouse News Service.). Tags: copyright DMCA First Amendment politics fair use

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Will Insurance Carriers for Streaming Services Deny Coverage in Songwriter Class Actions?

Music Technology Policy

That little failure that lead to the discovery of extraordinarily damaging emails that in turn resulted in Cox losing the DMCA safe harbor. Because where else will money losing services get the money, anyway?

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Axl Rose DMCA Takedown Notices Illustrate the Difficulty With Safe Harbor Reforms – User-Generated Content and Fair Use Issues

Broadcast Law Blog

The DMCA has adopted a “safe harbor” for “ internet service providers ” including website owners who host user-generated content – content that is posted not by the site owner and its employees, but instead by users of the site (see our article here ). One of the discussions in connection with calls by music copyright holders and others to reform the DMCA safe harbor is the call for the adoption of “take down, stay down” requirements.

Techdirt errs on DMCA notice-and-takedown process

Copyrights & Campaigns

I could -- and sometimes do! -- spend all day doing nothing but correcting news organizations' errors about the DMCA 's notice-and-takedown procedures. Many of the mistakes stem from the false belief that the DMCA requires service providers like YouTube to act in a certain way. Techdirt writes: thanks to the way the DMCA works, even with a counternotice, YouTube is required to keep the video down for at least 10 business days.

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Court narrowly construes damages provision of DMCA Section 512(f); litigation fees not recoverable

Copyrights & Campaigns

A federal court this week narrowly construed the damages and attorneys' fees provisions of the DMCA section that provides a cause of action for sending knowingly false takedown notices. 8, 2007; UMG sent a takedown notice June 4; YouTube removed the video shortly thereafter; and Lenz filed a DMCA counternotice June 27. Tags: copyright DMCA

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COMMONLY OVERLOOKED FORM SAVES BLOGGERS AND WEBSITE OPERATORS BIG MONEY

Gordon P. Firemark

DMCA Safe Harbor protection. Under the safe harbor, webmasters and site owners are insulated from liability for material uploaded on their sites by users, if they act swiftly and appropriately in response to DMCA takedown notices. Designating your DMCA Agent is simple.

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Who is to blame for bogus DMCA takedowns? Not the DMCA. Not the host (well, maybe a little). Instead, shame the sender.

Copyrights & Campaigns

Whenever controversy arises over an allegedly improper DMCA takedown notice to YouTube, a the fingers start pointing. Actually, it's the DMCA's fault." Let's look at a typical case of an improper DMCA notice: the one CNN recently sent YouTube over a conservative web site's video that I think is a clear example of a non-infringing fair use. So back to the CNN video posted by "Founding Bloggers" : Some claim that the DMCA forced CNN to remove the video.

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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 notice and takedown provisions essentially say that if you are an online service provider and are not otherwise aware of infringing activity going on in your house, if a copyright owner finds an infringement on your site they can send you a notice and make you disable access to the infringing material. The way that Google wants to interpret the DMCA skips the first step—the keep your house in order step.

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

Music Technology Policy

Reblogged from MUSIC • TECHNOLOGY • POLICY: In a recent conversation I had with an attorney who has represented YouTube, I asked him a question that I now feel very safe in asking—does a million notice and takedowns sent to one service in 12-18 months constitute “red flag” knowledge? This isn't speculation anymore--YouTube must have received at least a million DMCA notices by now.

How many DMCA notices are too many?

Music Technology Policy

In a recent conversation I had with an attorney who has represented YouTube, I asked him a question that I now feel very safe in asking—does a million notice and takedowns sent to one service in 12-18 months constitute “red flag” knowledge? This isn't speculation anymore--YouTube must have received at least a million DMCA notices by now. Well, you see, it depends on how large the service is. A ranking system for copyright infringers based on DMCA notices sent? (Or

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ISPs, RIAA, the DMCA, 'graduated response,' and 'three strikes': the real story

Copyrights & Campaigns

The next claim might lead to a suspension, a monetary penalty, a degradation of service, or worse. DMCA safe harbor for " Transitory Digital Network Communications" systems like ISPs. Section 512(a) provides a safe harbor from infringement claims against operators of so-called "dumb pipes" where " the transmission, routing, provision of connections, or storage is carried out through an automatic technical process without selection of the material by the service provider."

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Is Irving Azoff sending a signal to all digital services and is Pandora receiving 5×5?

Music Technology Policy

Is Irving sending a signal to all digital services? And red flag knowledge of infringement trumps the DMCA safe harbors. Oh, I just betcha he is. There’s actually a pretty simple answer to the very public demand letter to YouTube from Irving’s Global Music Rights. If Irving’s GMR has the public performance rights to these high profile songwriters it’s probably because the writers transferred their songs to GMR from wherever they were.

When not to send a DMCA notice: the case of the racist Obama/Palin shoe-shine photo

Copyrights & Campaigns

One is that a "DMCA notice" is the universal means for addressing alleged web-based infringement. A DMCA notice is a specific type of communication, appropriate only for combating specific types of infringement. Szukalski apparently wanted Frey to remove the altered version of the photo, so he sent what purports to be a DMCA notice. Szukalski's notice cites Section 512(c)(3) of the DMCA. Tags: copyright DMCA fair use

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

Music Technology Policy

In a recent conversation I had with an attorney who has represented YouTube, I asked him a question that I now feel very safe in asking—does a million notice and takedowns sent to one service in 12-18 months constitute “red flag” knowledge? This isn’t speculation anymore–YouTube must have received at least a million DMCA notices by now. Well, you see, it depends on how large the service is. A ranking system for copyright infringers based on DMCA notices sent? (Or

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Pre-1972 Sound Recordings and the July 8 SoundExchange Filing Deadline

Broadcast Law Blog

It was not until 1995, and then again in a more definitive way in the Digital Millennium Copyright Act of 1998 (“DMCA”), that sound recordings received a federal performance right protection – but only for digital performances. So, when the DMCA created the public performance right for digital transmissions of a copyrighted sound recording, some contended that, as these pre-1972 works were not subject to the Copyright Act, they were not covered by the sound recording performance right.

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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. In a recent conversation I had with an attorney who has represented YouTube, I asked him a question that I now feel very safe in asking—does a million notice and takedowns sent to one service in 12-18 months constitute “red flag” knowledge?

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Potential DMCA Game Change in 2d Circuit Ruling on Viacom v. YouTube

The Legal Satyricon

YouTube today, partially vacating the Southern District of New York’s order granting summary judgment in favor of the online video service. DeVoy The Second Circuit released its opinion in Viacom v. Ultimately, the case is to be remanded to the district court for fact-finding on whether YouTube had knowledge of infringement, had the [.]. copyright internet law ip law practice