DMCA TAKEDOWN NOTICES AND COUNTER-NOTICES
The internet has made it all too easy for individuals to steal‚ reproduce‚ or redistribute another’s intellectual property without permission. However‚ the Digital Millennium Copyright Act (DMCA) of 1998 gives copyright holders a powerful tool for removing unauthorized online content. The tool is the DMCA takedown notice.
The intellectual property attorneys at Mandour && Associates‚ APC can prepare the DMCA takedown notice and provide the aggressive representation you need to ensure that your copyrighted material is protected. Contact us online or by telephone for a complimentary consultation about your legal rights and options. We can help you make an informed decision about protecting your copyright or properly responding to false takedown notices.
Sending a DMCA Takedown Notice
If you’ve found unauthorized use of your copyrighted property online‚ the quickest and most efficient way to stop wrongful use of your property on the internet may be to serve a DMCA takedown notice with the Internet service provider (ISP)‚ web hosting company‚ or webmaster of the particular website.
However‚ in order to ensure that the process is quick and effective‚ it is strongly suggested that you consult with an attorney who specializes in internet and intellectual property law because there are penalties for filing an incorrect or false takedown notice. The experienced lawyers at Mandour & Associates‚ APC can verify whether you are legally entitled to serve a takedown notice and that such an action is necessary.
In many cases‚ ISPs‚ webmasters‚ and web hosting companies are quick to comply with a legitimate takedown notice because the Online Copyright Infringement Liability Limitation Act (OCILLA) provision of the DMCA provides these third party publishers with immunity so long as they remain in compliance. As long as the content is removed from the website expeditiously‚ the ISP will not be liable for copyright infringement and therefore has incentive to comply.
Having a knowledgeable and aggressive attorney on your side will help strengthen the legitimacy of your case and ensure that your rights are upheld. There are a number of requirements when filing for a DMCA takedown notice‚ and a lawyer at Mandour & Associates‚ APC can prepare and send an effective notice to protect your copyrighted material in a timely manner.
What is a Counter-Notice?
In the event that you or your ISP receive a DMCA takedown notice regarding your intellectual property‚ you can refute the wrongful claim by serving a counter-notice to have your content put back online. It is advised that you consult with an experienced attorney before filing a notice or counter-notice to learn about your legal rights because a counter-notice may put you at risk of litigation if the other party has a legitimate infringement claim. The counter-notice will inform your ISP and the other party that the material will be replaced unless the other party files a lawsuit within 14 days.
Contact a Copyright Attorney at Mandour & Associates‚ APC
If you are involved in a copyright infringement matter online‚ contact us for an informative consultation about your rights and how we can fight to protect your valuable content from infringement. We work closely with our clients to provide cost-effective legal solutions.