How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Intellectual Property Law
Satisfied Customers: 37903
Experience:  I assist my clients with IP questions that arise in their daily course of doing business.
18572087
Type Your Intellectual Property Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

I manage a small website that allows user to upload user generated

Resolved Question:

I manage a small website that allows user to upload user generated content. As part of our Terms of Service, I received a DMCA takedown notice for some content a user posted on that site. Questions:

1) If I remove the content, am I required to respond to the complaint (saying I removed it, etc?)? Is it possible for you to help with boilerplate language?

2) Can I put up a notice that the information was removed due to a DMCA takedown notice? If I can locate the user who posted the content, can I forward them the complaint email? Should I not do that? The complaint has the copyright holder and the attorney submitting the notice.

3) Is it just common practice to blindly follow these notices if the format is correct? I'm all for freedom of speech, but I prefer to opt-out of any legal battles on behalf of a user utilizing my free service.

4) If I COULD notify the user, do you know of any internet source where a template "response" is available letting the user know their options - IE, they can file a response, etc, etc? Trying to draft a response, but I'm not a lawyer. Again, any boilerplate information would be greatly appreciated.

I've disabled the content, and assuming the user doesn't file a counter, how long should I hold onto the content before erasing it? If the content is disabled form public access, does it need to be erased at all?
Submitted: 12 months ago.
Category: Intellectual Property Law
Expert:  Dimitry K., Esq. replied 12 months ago.

Thank you for your question. Please permit me to assist you with your concerns.

To ensure that I respond to all questions, I will go line-by-line with my responses.

You posted:

1) If I remove the content, am I required to respond to the complaint (saying I removed it, etc?)? Is it possible for you to help with boilerplate language?
You are not required to respond but it is extremely important that you do--that tells the other party that you have taken their request seriously and complied with their request. it does not in any way provide an admission for liability, merely that you took their request seriously. You simply need to respond stating that you have complied with their request, and there is nothing further to state.

2) Can I put up a notice that the information was removed due to a DMCA takedown notice?
Yes, you can.

If I can locate the user who posted the content, can I forward them the complaint email?
You absolutely can do that. The reason may be to point out that if you get sued, you will turn around and sue him for your damages.

Should I not do that? The complaint has the copyright holder and the attorney submitting the notice.
It is really up to you, but informing the other user of this takedown is smart because if the copyright holder wants to push this further to subpoena records, the other party would be on notice and you would be able to claim that you are not a party to the suit.

3) Is it just common practice to blindly follow these notices if the format is correct?
It is common practice if you believe you do not have enough funds to cover the costs to defend if it gets to that point. Otherwise many can ignore the notices, generally to their detriment or if they are ready for a proverbial fight.

I'm all for freedom of speech, but I prefer to opt-out of any legal battles on behalf of a user utilizing my free service.

4) If I COULD notify the user, do you know of any internet source where a template "response" is available letting the user know their options - IE, they can file a response, etc, etc? Trying to draft a response, but I'm not a lawyer. Again, any boilerplate information would be greatly appreciated.
It is not your obligation to inform them of their options--they can obtain their own counsel for that (meant with respect, I just do not see how it would be your obligation to tell them what their next steps are).

Hope that helps.

Dimitry K., Esq., Attorney
Satisfied Customers: 37903
Experience: I assist my clients with IP questions that arise in their daily course of doing business.
Dimitry K., Esq. and other Intellectual Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
< Last | Next >
  • http://ww2.justanswer.com/uploads/sosolid007/2010-08-05_070536_Suitpic.jpg Alex Reese's Avatar

    Alex Reese

    Lawyer

    Satisfied Customers:

    2588
    Experienced in intellectual property law
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg Robert McEwen, Esq.'s Avatar

    Robert McEwen, Esq.

    Lawyer

    Satisfied Customers:

    387
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/tswartz123/2010-02-08_225658_Tommy.jpg Thomas Swartz's Avatar

    Thomas Swartz

    Lawyer

    Satisfied Customers:

    374
    Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    371
    I assist my clients with IP questions that arise in their daily course of doing business.
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Lawyer

    Satisfied Customers:

    339
    MBA, Experienced and Knowledgeable in Intellectual Property Law
  • http://ww2.justanswer.com/uploads/BA/bart0358/2012-1-23_232424_1056.64x64.JPG BartEsq's Avatar

    BartEsq

    Researcher

    Satisfied Customers:

    192
    Juris Doctor
  • http://ww2.justanswer.com/uploads/IP/ipesq/2012-1-9_164431_RetouchPortraitHighResCopy.64x64.jpg ipesq's Avatar

    ipesq

    Lawyer

    Satisfied Customers:

    134
    Specializing in patent prosecution, trademark and copyright registration/enforcement.
 
 
 

Related Intellectual Property Law Questions