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Thomas Swartz
Thomas Swartz, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 2810
Experience:  Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
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I run an online forum and I am wondering if I need to include

Resolved Question:

I run an online forum and I am wondering if I need to include this in my Terms of Service or simply comply with DMCA take-down notices without mentioning it: "We will remove violations of copyright at the request of the rights holder."
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Thomas Swartz replied 1 year ago.
Hello JACUSTOMER,

It can never hurt to advise users of your forum in your Terms of Service of how you will deal with certain issues. As you are probably aware, the DMCA exempts online service providers (such as online forums) from liability provided, among other things, that they expeditiously remove material which is claimed to infringe a copyright. So it only makes sense that you would advise your users beforehand that this is exactly what you will do. If your users know this beforehand, this will discourage any copyright infringing activity from happening in the first place. And hopefully, you will not have to deal with such problems caused by users of your forum.

Good luck.

Thomas
Thomas Swartz, Lawyer
Satisfied Customers: 2810
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Thomas Swartz and other Intellectual Property Law Specialists are ready to help you
Expert:  Thomas Swartz replied 1 year ago.
Hello JACUSTOMER,

Is there anything else I can assist you with concerning your question?

Thomas
Customer: replied 1 year ago.

No, that was good. I've decided that trimming my TOS isn't a good idea. I'm going to keep that line.

Expert:  Thomas Swartz replied 1 year ago.
Good luck.

Thomas
Thomas Swartz, Lawyer
Satisfied Customers: 2810
Experience: Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
Thomas Swartz and other Intellectual Property Law Specialists are ready to help you

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