Oct 032011

I blogged recently about a few hoops that service providers have to jump through to be entitled to the Digital Millennium Copyright Act safe harbor from being sued for copyright material their users post.  One of those requirements was that the service provider had to name an agent to receive DMCA takedown requests and tell the Copyright Office who that was. That was 1998, and the Copyright Office then put out some interim regulations about [...]

Sep 122011
What should be in your Terms of Service?

The LexisNexis Legal Business Community Blog has a post about important things to put in a website’s terms of use. The author breaks down provisions into a few specific categories: (1) clarifying ownership of intellectual property, (2) the operator’s liability for what others post, and (3) limiting the operator’s liability. I recommend the post, but he misses a few important provisions: DMCA Notices. The Digitial Millennium Copyright Act grants website owners some immunity from suits [...]

Sep 062011
DMCA Technicalities

Most technical folks in the US have some passing familiarity with the notice-and-takedown provisions of the Digital Millennium Copyright Act.   The basic idea is that if you have an website and somebody, without your knowledge,  posts something to the site that infringes some third party’s copyright, then you won’t be liable for having the content on your website, so long as you remove the material when its owner asks you to. There are, however, [...]