The majority of website owners do not fully protect themselves against copyright infringement claims. If third-parties are permitted to post content on your website (e.g. online blog, forum, or chat room) it is critical to post a Digital Millennium Copyright Act (“DMCA”) notice and register for DMCA protection with the United States Copyright Office. Hinch Newman can assist.
The DMCA contains "safe-harbor" provisions, meaning that by completing a few steps, you can virtually insulate yourself from liability because you have limited the amount of damages that someone can collect if you or an end-user accidentally or intentionally post infringing material on your website - thus rendering you an unappealing candidate to be dragged into a lawsuit. Hinch Newman can advise you on how to take advantage of the “safe- harbor” provisions, including how to designate your copyright agent, drafting a Digital Millennium Copyright Act Notice to post on your website, and how to follow the steps outlined in your DMCA Notice if a complaint is filed.
Hinch Newman's practice emphasizes drafting DMCA notices that allow a third-party copyright holder to notify you of a violation. We can also evaluate whether you require an Internet lawyer to prepare a counter-notification letter in the event that claims of copyright infringement against you should be rejected.