DMCA Notices and Counter-Notification Letters
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.
For more information, please submit your matter using our Free Online Case Submission Form or phone us for a free consultation. We are also available via e-mail at [email protected].