8/14/2019 EFF: EFF bootcamp DMCA

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ELECTRONIC FRONTIER FOUNDATIONProtecting Rights and Defending Freedom on the Electronic Frontier

4 5 4 S H O T W E L L S T R E E T, S A N F R A N C I S C O , C A , U S A 4 1 5 . 4 3 6 . 9 3 3 3 W W W . E F F. O R G

Colette Vogele, Vogele & Associates

 Jonathan Band, Jonathan Band PLLC EFF Senior Staf Attorney Fred Von Lohmann

DMCA Cpyrht Sa Harrs8 T H i n g S To R e M e M b e R f o R S e R v i C e P R o v i D e R S

#1: Rstr a Cpyrht At!!! Instructions at www.copyright.gov/onlinesp/

#2: Th DMCA Sa Harrs ar oly r Cpyrht irmt. Not trademark, obscenity, deamation,celebrity publicity rights, or anything else.

#3: implmt ad nty Usrs that Rpat irrs Wll Trmatd. Put the policy in your

Terms o Use and create a system that ags users who draw multiple DMCA takedowns or possible termination.

#4: Th Sx Rqurmts r a Cmplat Takdw ntc: In order to be eective, a DMCA takedownnotice must be a written communication (e.g., email, letter, ax) and must:

(1) include a physical or electronic signature o the copyright owner or her representative;

(2) identiy what work is being inringed;

(3) identiy the material that is claimed to be inringing, along with inormation sucient to permit you tolocate the material on your site.

(4) include contact inormation or the complaining party.

(5) include a statement that the complaining party has a good aith belie that the use is not authorized by

the copyright owner, its agent, or the law.

(6) include a statement that the inormation in the notifcation is accurate, and under penalty o perjury, thatthe complaining party is authorized to act on behal o the copyright owner.

Technically, i a notice ails to include at least (2), (3), and (4), you are entitled to ignore it. Nevertheless, it’sgenerally a good idea to contact a complaining party to give them a chance to amend their notice to comply with all6 requirements.

#5: Tak Dw blatat ad ous irmts Wh Yu Cm Acrss Thm: Although you haveno obligation to seek out or monitor or inringements, when employees come across content that is obviouslyinringing, they should notiy the Copyright Agent, who should review it and take down obvious inringements.

#6: Kp gd Rcrds Takdws ad Trmats: I challenged, you want to be able to show acourt how seriously you took your DMCA responsibilities.

#7: Th DMCA Ds nt Rqur Takdw ery istac. You need to have a notice and takedownprocedure i you want the DMCA sae harbors, but sometimes you don’t need the sae harbors because what yourusers are doing isn’t inringing. So you can make exceptions in appropriate cases without losing your DMCAprotections.

#8: nty Usrs Aut th Cutr-ntc Prcdur. Section 512(g) o the DMCA allows users to sendcounter-notices when their material is improperly targeted by a DMCA takedown. I the service provider and theuser have complied with the requirements o the counter-notice, the service provider may restore the content ater10 business days.