Attorney Steve, the Copyright Infringement Lawyer, explains the most important things you need to know about the DMCA Digital Millennium Copyright Act. This is useful to moviemakers, photographers, musicians, software developers and other artists

1. DMCA LAWYER
The Law Offices of Steven C.
Vondran - 2018
Copyright, Trademark, Internet
& Entertainment Law
DMCACounsel.com
Call (877) 276-5084

2. What is the DMCA?
 Signed into law in 1998
 Has Five Titles
 The Title we will focus on is Title II
 Title II is known as “OCILLA”
 Online Copyright Infringement Liability
Limitation

3. OCILLA Basics
 Adds Section 512 to the Copyright Act
 Two basic things (for purposes of this lecture)
 ONE – Creates liability safe harbors for Online
Service Provider’s (OSP) so they don’t go out of
business due to copyright infringement claims
(secondary liability).
 17 U.S.C. section 512(C) is our focus
 TWO - Prohibits devices/services whose primary
purpose is to avoid access controls (ex. Password
hack tools), Section 1201 claims

4. 17 U.S.C. 512(c)
 OSP must meet requirements to get “safe
harbor” liability protection
 If qualify = not liable for secondary
(contributory) copyright infringement
 Meaning, not liable for monetary relief
(injunctive relief if still possible)
 If don’t qualify, they can be held liable if
copyright infringement is proven

5. 17 U.S.C. 512(c) Requirements
 Register agent with U.S. Copyright Office
 Adopt policy to deal with repeat infringers (ex.
YouTube three strikes = termination)
 OSP must not interfere with reasonable
copyright protection measures of copyright
holders (ex. Watermarks / DRM)
 No knowledge of infringing activity (actual
knowledge or “red flag” apparent)
 Expeditiously respond to take down notices

6. 17 U.S.C. 512(c) who benefits?
 Examples
 YOUTUBE – Videos that contain infringing music
or video clips
 ETSY STORES – Store sites that allow arts and
crafts and jewelry to be sold
 ONLINE EDUCATION COURSES – hijacked and
put on a competing free website
 PHOTOS SITES (Facebook, twitter, instagram)
 PORN TUBE SITES (posting copyrighted videos)

7. DMCA Anti-Circumvention
 Section 1201 prohibits
 Devices or services that:
 Are Primarily designed to circumvent access
control technology (ex. Password cracking
tools)
 Have limited purpose other than to circumvent
 Or are marketed as circumvention tool
 Civil and Criminal penalties

8. DMCA Notice & Takedown
 Aggrieved party sends takedown notice to designated
agent (no agent = site owner). Puts on NOTICE.
 OSP disables access to material
 Counter-notification rights to End User (optional)
 If counter-notification filed (content goes back up in 10
days)
 Aggrieved party must file suit in federal court within 10
days and inform OSP, or content goes up. NO liability
to OSP. Can raise as AFF Defense.
 NOTE: You might consider monetization route
(baseball video on YouTube)

9. DMCA Notice Requirements
 Must be made in good faith (512(f) bad faith)
 Under penalty of perjury
 Should consider “fair use” before sending
 Make sure it’s a COPYRIGHT claim (not
trademark or right of publicity)
 ID work and location of infringing work
 Provide contact information
 Sign under penalty of perjury.
 Notice NO GOOD = Case jeopardized.
 Similar requirements of counter-notification

10. 17 U.S.C. 512(f) Bad Faith
 Knowing misrepresentations or even “Mistake” are
grounds for 512(f) actions
 Applies to notice and counter-notice
 Damages, attorney fees, punitive damages?
 Must know what’s NOT COPYRIGHT (ideas,
facts, concepts, plots, instructions, scenes-a-faire,
parody, transformative uses, fair use)
 Did you give CREATIVE COMMONS rights?

11. 17 U.S.C. 512(h) Subpoenas
 a "copyright owner or a person authorized to
act on the owner's behalf may request the
clerk of any United States District Court to
issue a subpoena to a service provider for
identification of an alleged infringer"
 Unmasking alleged infringers
 DMCA notice + Clerk Letter + Affidavit

12. QUESTIONS?
 Who signed Bill into Law?

13. Free Consultation
 If you are a business owner or individual who
needs help with a DMCA legal issue
 Call us at (877) 276-5084
 Our Web DMCA Resource:
 DMCACounsel.com
 Don’t forget to SUBSCRIBE to our legal
channel.