THE BEGINNER'S GUIDE TO COPYRIGHT & DMCA - Part 3

THIS TUTORIAL IS INTENDED AS AN EXPLANATION OF THE CONCEPTS SURROUNDING “COPYRIGHT”.

 

THE INFORMATION PROVIDED BELOW DOES NOT CONSTITUTE LEGAL ADVICE.

 

IF YOU ARE CONCERNED ABOUT ISSUES OF COPYRIGHT THAT MAY RELATE TO YOURSELF, THEN YOU SHOULD SEEK THE ADVICE OF A QUALIFIED LEGAL REPRESENTATIVE.

 

TAKE IT OFF! TAKE IT OFF! TAKE IT OFF!

 

Ok, as promised, here is the exciting bit that you have all been waiting for. So come up to the lab, and see what’s on the slab. I see you shiver with an…tissa…a…payshun!

The things I do to make things interesting for you all, … I am such a sell out…

THE DMCA TAKEDOWN NOTICE

 

If you find that some other person [aka thief, scum-of-the-earth, turd, talentless hack…] has stolen your work and is publishing it and/or offering it for sale without your permission, you will also find that it is nearly impossible to get that person to remove your work from their webpage… afterall, they live overseas, so whatcha gonna do? They can basically thumb their nose at you and blow raspberries at you, and you just gotta take it on the chin.

Well, DMCA2/OCILLA has a rather neat little provision that circumvents the offender and just gets the infringing work removed from the site on which it appears. Its a bit of an added bonus to the legislation whose primary purpose was to protect websites from liability, not protect the intellectual rights of artists.

But the world being what it is, I guess we will take whatever help comes our way.

Now, instead of you having to argue back and forth, and try to convince some person [aka thief, scum-of-the-earth, turd, talentless hack…] to remove your work, or try to convince some website to help you, you just send that site a DMCA Takedown Notice, and let the power of money do all the work for you!

Websites remove work following receipt of a Takedown Notice not because its the right thing to do, not because they feel for the plight of the starving artists around the world…

… they do it because they fear liability – liability which could cost them BIG DOLLARS, and threaten their very existance on the world wide web.

 

The Process…

 

When you file a DMCA Takedown Notice, you naturally enough have to file it with the website that is publishing your work.

There are seven [ 7 ] basic steps that you must follow

1.Your contact information
2. The name or description of the work that was copied
3. The URL / Address of the copied work
4. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information in the notification is accurate
6. A statement that, under penalty of perjury, you are authorized to act for the copyright holder.
7. Your signature
WIKIPEDIA / TAKEDOWN EXAMPLE":http://en.wikipedia.org/wiki/DMCA_takedown_noti...

 

A rose by any other name…

 

These 7 steps are quite self explanatory… except for one thing… #7 “Your Signature”… this seems to confuse a few people, because … well … how do you put your signature on an email?

  1. You can use a Tablet/Graphics Pad to enter your signature directly onto the email.
  2. You can scan your Signature and embed it into your email.
  3. You can use the widely accepted “S-Signature” to indicate that it is your signature.

The S-Signature is possibly the easiest way to do this and would look like this:

/John Q. Citizen/

 

But personally, I would treat this with a bit more effort and use a Tablet/Graphics Pad to directly enter my real signature onto the email. Little 6×4 inch Graphics Pads are cheap as chips these days, you can find them for less than $40… and that is a great investment for some very cool Plug-n-Play tech.

The United States Patent & Trademark Office Website contains the following information about the use of “S-Signatures”

An S-signature must consist only of letters, or Arabic numerals, or both, with appropriate spaces and punctuation (i.e., commas, periods, apostrophes, or hyphens).

“Letters” include English and non- English alphabet letters, and text characters (e.g., Kanji). Non-text, graphic characters (e.g., a smiley face created in the True Type Wing Dings font) are not permitted. “Arabic numerals” are the numerals 0, 1, 2, 3, 4, 5, 6, 7, 8, and 9, which are the standard numerals used in the United States.

To accommodate as many varieties of names as possible, a signer may select any combination of letters, Arabic numerals, or both, for his or her S-signature under 37 CFR 1.4(d)(2)(i).

The person signing the correspondence must insert his or her own S-signature with a first single forward slash mark before, and a second single forward slash mark after, the S-signature (e.g., /Dr. James T. Jones, Jr./). Additional forward slashes are not permitted as part of the S-signature.

 

… an example…

 

This example of a Takedown Notice comes from the IP WATCHDOG WEBSITE… [edited slightly to suit our purposes]

 

My name is [ INSERT NAME ]. Your website is infringing on at least one copyright owned by myself.

 

One of my works of art was copied onto your servers without permission. The original artwork, to which I own the exclusive copyrights, can be found at:

 

[ PROVIDE WEBSITE URL ]

 

The unauthorized and infringing copy can be found at:

 

[ PROVIDE WEBSITE URL ]

 

This letter is official notification under Section 512© of the Digital Millennium Copyright Act (”DMCA”), and I seek the removal of the aforementioned infringing material from your servers. I request that you immediately notify the infringer of this notice and inform them of their duty to remove the infringing material immediately, and notify them to cease any further posting of infringing material to your server in the future.

 

Please also be advised that law requires you, as a service provider, to remove or disable access to the infringing materials upon receiving this notice. Under US law a service provider, such as yourself, enjoys immunity from a copyright lawsuit provided that you act with deliberate speed to investigate and rectify ongoing copyright infringement. If service providers do not investigate and remove or disable the infringing material this immunity is lost. Therefore, in order for you to remain immune from a copyright infringement action you will need to investigate and ultimately remove or otherwise disable the infringing material from your servers with all due speed should the direct infringer, your client, not comply immediately.

 

I am providing this notice in good faith and with the reasonable belief that rights my company owns are being infringed. Under penalty of perjury I certify that the information contained in the notification is both true and accurate, and I have the authority to act on behalf of the owner of the copyright(s) involved.

Should you wish to discuss this with me please contact me directly.

 

Thank you.
[ YOUR NAME ]
[ Address ]
[ City, State Zip ]
[ Phone & E-mail ]


 

Ummm, errrr, you want me to give some stranger my home address and phone number….?

 

Yeah, I think that is a little bit freaky too, and personally, I wouldn’t.

I would use a Post Office Box Number and my Email Address. There is no requirement for you to give anyone your home address or phone number, so be safe, be careful.


 

Further Reading … if you are still having trouble sleeping, or you have no social life…

 

THE BEGINNER’S GUIDE TO COPYRIGHT & DMCA – Part 1

 

THE BEGINNER’S GUIDE TO COPYRIGHT & DMCA – Part 2

 

THE BEGINNER’S GUIDE TO COPYRIGHT & DMCA – Part 3

 

THE BEGINNER’S GUIDE TO COPYRIGHT & DMCA – Part 4

 

REDBUBBLE – COPYRIGHT, TRADEMARK, & DMCA

 

PLAGIARISM TODAY WEBSITE – DMCA ARCHIVES

 

7 COMMON QUESTIONS ABOUT DMCA COUNTER NOTICES

 

ART THEFT, COPYRIGHT INFRINGEMENT … by Cindy Schnackel

 

MORE WAYS ART IS STOLEN by Cindy Schnackel

 

AVVO Copyright Infringement Advice Page

 

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