Faster, Cheaper Designation of Agents to Accept DMCA Take-Down Notices
Art Law

Faster, Cheaper Designation of Agents to Accept DMCA Take-Down Notices

A message in a bottle tossed into the sea stands little chance of reaching its intended recipient anytime soon. A notice, to be effective, must be delivered to someone somewhere as expeditiously as possible. What if that someone is impossible to find? Since 1998, when the Digital Millennium Copyright Act (the “DMCA”) was enacted, the DMCA take-down notice has achieved the status of a trusted weapon aimed by copyright owners directly at the unauthorized online transmission of their content. With a good-faith belief that display of their materials is unauthorized, and therefore infringing, copyright owners can prepare take-down notices in a format prescribed by the DMCA, 17 U.S.C. 512(c)(3)(A), and send it, not to the allegedly offending Web site owners, but to the Internet service providers passively transmitting such sites. Passive service providers, not content providers, are the intended beneficiaries of the DMCA. The DMCA insulates them from liability for the infringing acts of their clients. Accordingly, service providers are generally eager to comply with the DMCA in order to avoid liability for infringement. (Not small commitment when you realize that Google is said to receive up two million take-down notices every day.) The initial milestone along the service […]

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