Intellectual Property Law

Intellectual Property Law Questions? Ask a Lawyer

Ask a Lawyer, Get an Answer ASAP!

Digital Millennium Copyright Act (DMCA) Takedown Notice

What is the Digital Millennium Copyright Act?

The Digital Millennium Copyright Act which is known as DMCA is the United States copyright law that applies two of the agreements from the World Intellectual Property Organization (WIPO). The Digital Millennium Copyright Act forbids making and sharing technology, devices or a service that is meant to avoid measure which is known as the digital rights management or the DRM that organizes the right to use copyrighted work. The digital millennium copyright act forbids circumventing access control, and whether or not there is an actual violation of the copyright itself. The digital millennium copyright act increases the punishments for copyright violation on the internet.

What can an individual do if they have provided a DMCA takedown notice to a website for using their copyrighted material, and the website took the material down for three days and then posted back up again?

In this case since the individual who runs this website as put this information or material back up after the DMCA takedown notice, this means that the website owner has provided some sort of disagreement that they believed they had some kind of rights to this material. Now, for further action the individual who owns the copyright material can file a law suit again the owner of the domain name, and they would be able to gain an order against the other party that would then result in serving on the website, and then the domain owner will have to remove the site, and then they can continue a law suit under the SMCA in the federal court against that person. The penalty as a repeated offender for DMCA takedown notice would just result in a higher financial damages in the law suit.

What actions would someone take in order to get something removed from a website using the DMCA take down process, if they do not personally own that information or material?

The process of the DMCA take down notice does not give the authority to other individuals that do not personally own that information, and who have copyrighted it. Only the copyright holder can use this process. Now, in this case this person can contact the site without trying to use the DMCA notice, but using a simple letter or email. If the individual wants to make sure this information will be removed then they need to know for certain that this site is doing something illegal, and possibly if they know someone who has a copyright contract, have the copyright holder contact the site and serve them with a DMCA nothing, but they will also need to be reported to the Internet Service provider.

Can the United States Government receive a punishment for DMCA violation?

The United States Government can certainly be sued for violating the federal law, along with their employees and officials who were involved can also be criminally punished. The government does not have the authority to violate the DMCA, except if the government is using this process for a certain national security processes.

In the state of Washington if someone has received a DMCA violation notice for downloading a movie off the internet, would they be out of legal trouble if they went to the store and bought the movie to pay back the costs?

If they go out and buy a copy of the movie this in many cases would not please the section of the statement, since it seems that the Copyright Enforcement Group would more than likely want this individual to pay a an amount much larger than the cost of a DVD. On the other hand, just because they have received a DMCA violation notice, which does not always, mean that they will in fact be sued for copyright infringement. Unless, the individual has actually been served papers resulting in a criminal law suit for copyright infringement, then they would no need to settle with any lawsuit since one is not present. As for if there is a lawsuit, and the individual does pay back the settlement, they will receive a complete release of legal responsibility from the owner of the copyright material for the settlement, and this will then clear them out of any other legal responsibility for this violation.

When someone has been served with a DMCA take down notice and they do not obey this notice, they will then be facing a DMCA violation, and many people believe that it is nothing to worry about, but there are consequences that this person can be looking at. For more information when dealing with the process of a DMCA notice contact the Experts online.
Please type your question in the field below

3 verified IP Lawyers are online now

IP Lawyers on JustAnswer are verified through an extensive 8-step process including screening of licenses, certifications, education and/or employment. Learn more

Online
Alex Reese

Lawyer

JD

★★★★★
3106 positive reviews
Online
Robert McEwen, Esq.

Lawyer

Doctoral Degree

★★★★★
843 positive reviews
Online
Dimitry K., Esq.

Attorney

Doctoral Degree

★★★★★
561 positive reviews
See all IP Lawyers
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.
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.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
Web sites like justanswer.com/legal
...leave nothing to chance.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.