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Digital Millennium Copyright Act - how to remove us digital millennium copyright act

Digital Millennium Copyright Act   It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. We may also document notices of alleged infringement on which we act. Provide information reasonably sufficient to permit us to contact you. ARYAN ICT Solutions, LLC .requires DMCA notices to be filed via E-mail. The complaint must include full contact information in the complaint (including phone number). We will call and verify. Email (unless digitally signed by a verified and trusted third party) is not an acceptable medium for legal complaints. This ticket system has received what appears to be a possible DMCA complaint, but one or more of the following are missing: (a) the complaint does not contain sufficient information (b) the format of the complaint is inconsistent with the requirements of the DMCA (c) the complaint has been submitted via email without proper authentication (d) full contact information is missing. We will need you to re-submit your claim, using the proper format, including sufficient details, via postal mail or fax. Instructions on how to do so follow. It is our policy to respond to clear notices of alleged copyright infringement. This response describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the text of which can be found at the U.S. Copyright Office Web Site, but we will respond to notices of this form from other jurisdictions as well. To file a notice of infringement with us, you must provide a written communication that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney. To expedite our ability to process your request, please use the following format (including section numbers): Identify in sufficient detail the copyrighted work that you believe has been infringed upon (for example, "The copyrighted work at issue is the text that appears on http://www./terms") or other information sufficient to specify the copyrighted work being infringed (for example, "The copyrighted work at issue is ?Intellectual Property: Valuation, Exploitation, and Infringement Damages? by Gordon V. Smith, published by Wiley, ISBN #047168323X"). Identify the material that you claim is infringing the copyrighted work listed in item #1 above. You must identify each web page that allegedly contains infringing material. This requires you to provide the URL for each allegedly infringing result, document, or item. An example:     Infringing Web Pages:     Provide information reasonably sufficient to permit us to contact you.     Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred). Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law." Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."     Sign the paper.     Email with Digital Signature to: abuse [a] , [Attn: Abuse Department, DMCA Complaint] Regardless of whether we may be liable for such infringement under local country law or United States law, we may respond to these notices by removing or disabling access to material claimed to infringe and/or terminating users of our services. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that the owner or administrator may make a counter notification. We may also document notices of alleged infringement on which we act. As with all legal notices, a copy of the notice may be made available to the public and sent to one or more third parties who may make it available to the public. In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions require service providers to notify the subscribers if their materials have been removed and to provide them with an oppo qlonwhct. moncler mensrtunity to send a written notice to the service provider stating that the material has been wrongly removed. [512(g)] If a subscriber provides a proper "counter-notice" claiming that the material does not infringe copyrights, the service provider must then promptly notify the claiming party of the individual's objection. [512(g)(2)] If the copyright owner does not bring a lawsuit in district court within 14 days, the service provider is then required to restore the material to its location on its network. [512(g)(2)(C)] If it is determined that the copyright holder misrepresented its claim regarding the infringing material, the copyright holder then becomes liable to the OSP for any damages that resulted from the improper removal of the material. [512(f)]
how to remove us digital millennium copyright act

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us digital millennium copyright act The photos used by VMA were licensed under a Creative Commons “ Attribution ” license, which requires only that the original creator—that is, the copyright holder—be given credit. VMA chose for its campaign a photo of then-15-year-old Alison Chang, taken by her church youth counselor and uploaded by him to Flickr. Although VMA had appropriate copyright clearance to use the counselor’s picture under the Creative Commons license, Chang’s parents sued VMA for failing to get permission from Chang or her parents to use Chang’s name or likeness. Although the case was dismissed on procedural grounds, the incident illustrates how easily (and often) clearance procedures are overlooked when it comes to Internet-based content.

Similar cases have raised complex issues relating to federal preemption of state law claims. For example, in Laws v. Sony Music Entertainment, Inc. , the plaintiff sued Jennifer Lopez and LL Cool J, alleging misappropriation of her name and voice through use of a sound recording on which the plaintiff’s voice was featured. The defendants had obtained a license to use the sound recording on which the plaintiff’s voice was featured, but had not obtained from the plaintiff the right to use her voice. Nonetheless, the Ninth Circuit held that, on this set of facts, the federal Copyright Act preempted the plaintiff’s state law right-of-publicity claim. Thus, her permission was not required for the defendants to use the validly licensed sound recording. By contrast, a different Ninth Circuit panel in Downing v. Abercrombie & Fitch, Inc. , held that the Copyright Act did not preempt the plaintiffs’ state law publicity claims based on Abercrombie’s advertising use of a photo of the plaintiffs taken after the 1965 Makaha International Surf Championship in Hawaii. Thus, Abercrombie should have sought the plaintiffs’ permission in the first instance. The preemption inquiry is fact-bound—the Copyright Act preempts state law publicity claims in some circumstances, but not others.

While the details of these preemption cases exceed the scope of this article, suffice it to say that a company’s social media marketing personnel may not have the expertise to wade through such complex clearance issues. A clearance system that focuses narrowly on copyright issues and doesn’t consider other forms of intellectual property may therefore result in unexpected claims. It is also worth noting that the safe harbors provided by the Digital Millennium Copyright Act apply only to copyright claims, not other types of claims such as those mentioned above, and in any event, provide protection only with respect to user-generated content , not content posted by a company’s own employees. Therefore, companies should not assume that the DMCA will shield them from all liability for content posted on their social media pages.

Social media is an exciting new channel for reaching both current and prospective customers. But from a rights-clearance perspective, the old rules largely remain in force. Accordingly, companies’ review procedures for company-driven social media content should, to the extent possible, mirror the process they undertake for print ads and other traditional media. And where that may not be feasible (given the speed and flexibility often required on social media platforms), companies should institute rigorous policies and train marketing associates on how to avoid potential liability.

About Socially Aware Social media sites are transforming not only the daily lives of consumers, but also how companies interact with consumers. Here at Morrison & Foerster, across all of our practice groups, we are seeing complex, cutting-edge legal issues arising out of social media. As with the Internet boom during the mid-to-late 1990s, social media is generating new legal questions at a far faster pace than the law’s ability to provide answers to such questions. In an effort to stay on top of these emerging issues, and to keep our clients and friends informed of new developments, Morrison & Foerster publishes this blog devoted to the law and business of social media. Stay Connected Socially Aware on Twitter RSS LinkedIn Topics Topics Select Category Advertising Arbitration Artifical Intelligence Asia Bankruptcy Big Data Blockchain Class Actions Cloud Computing Compliance Copyright Crowdsourcing Cyberbullying Cybersecurity Daily Deals Data Security Data Security Defamation Digital Content Disappearing Content Discovery DMCA E-Commerce E-Discovery E-Personation Electronic Contracts Employment Law Endorsement Guides Ethics European Union Eurpoean Union Event Events FCA Regulations FCC FDA Regulations FEC Regulations Federal Communications Commission Reform Act Financial Institutions FINRA First Amendment Fraud Free Speech FTC Hacking Influencer Marketing Infographic Internet of Things Investment Management Law IP JOBS Act Labor Law Litigation Livestreaming M&A Marketing Mobile NAD Online Endorsements Online Promotions Online Reviews Patent Privacy Product Liability Protected Speech Right To Be Forgotten Right To Be Forgotten SEC Section 230 Safe Harbor Securities Law Social Media Policy Statistics Status Updates Stored Communications Act Supreme Court Terms of Use Trademark UK UK High Court Uncategorized User-Generated Content Wearable Computers Archives Archives Select Month July 2017 June 2017 May 2017 April 2017 March 2017 February 2017 January 2017 December 2016 November 2016 October 2016 September 2016 August 2016 July 2016 June 2016 May 2016 April 2016 March 2016 February 2016 January 2016 December 2015 November 2015 October 2015 September 2015 August 2015 July 2015 June 2015 May 2015 April 2015 March 2015 February 2015 January 2015 December 2014 November 2014 October 2014 September 2014 August 2014 July 2014 June 2014 May 2014 April 2014 March 2014 February 2014 January 2014 December 2013 November 2013 October 2013 September 2013 August 2013 July 2013 June 2013 May 2013 April 2013 March 2013 February 2013 January 2013 December 2012 November 2012 October 2012 September 2012 August 2012 July 2012 June 2012 May 2012 April 2012 March 2012 February 2012 January 2012 November 2011 October 2011 August 2011 June 2011 Blog Editors John Delaney Aaron Rubin Desk Editors J. Alexander Lawrence Christine E. Lyon Susan McLean Julie O'Neill Recent Updates German Parliament Enacts Wide-ranging Surveillance Powers Allowing End User Devices to Be Hacked by Authorities Social Links: SCOTUS strikes down law banning sex offenders from social media, denies cert in “dancing baby” case; Germany may require ID of status updates posted by “bots” Social Links: Instagram’s new tool to denote paid posts; the world’s 1st autonomous-vehicle public transportation system for the masses; the “COVFEFE Act” would seek to ensure Trump’s tweets are preserved E-tailers Rejoice as Decisions Limit Lawsuits in Federal Court for Alleged Violations of New Jersey’s Controversial Consumer Protection Law Social Links: Court disallows firing over Facebook page rant; Ether threatens Bitcoin’s reign as top digital currency; NBA slam dunks social media marketing Socially Aware on Twitter Tweets by @MoFoSocMedia Blogs AllFacebook ArsTechnica CNET's "The Social" EFF Deeplinks Blog Louis Gray's Blog Mashable Social Media Examiner Social Media Today SocialTimes Soshable Techmeme Technology & Marketing Law Blog The Facebook Blog The LinkedIn Blog Twitter Blog Other Morrison & Foerster Blogs Class Dismissed Government Contracts Insights MoFo Jumpstarter MoFo ReEnforcement MoFo Tech Blog MoFo@ITC The BD/IA Regulator Socially Aware Blog Socially Aware on Twitter RSS LinkedIn Attorney Advertising Terms of Use Privacy Policy Disclaimer About MoFo

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Digital Millennium Copyright Act (DMCA) What makes file sharing illegal?

The Digital Millennium Copyright Act (DMCA) is a piece of legislation signed into law in 1998 defining the illegal downloading and/or sharing of copyrighted material. LSU is required to investigate DMCA complaints and take action to remove infringing content.

How does this apply to me?

Copyright holders (or organizations acting on their behalf) actively monitor for devices sharing their content (e.g. movies, music, software, etc). If they discover you sharing or downloading over LSU’s network, they may send LSU a DMCA complaint.

How do I know what is legal and what is not when it comes to copying music or movies?

Here is the bottom line: If you download or distribute copyrighted media without authorization from the copyright owner, you are breaking the law. Distribution can mean anything from “sharing” media files on the Internet to burning multiple copies of copyrighted media.

What happens if I cause DMCA complaint?

Should a DMCA complaint be traced back to your account, the following will happen depending on if this is the user’s first or second offense:

1st Offense

restricted network access for owner’s devices

complete Illegal File Sharing Moodle Course & Quiz

2nd Offense

restricted network access for owner’s devices

assessed $50 dollar fine

incident to be noted on student’s academic record

hold place on account preventing transcript requests, course registration, etc

referred to the Dean of Students Office for violation of the LSU Code of Student Conduct

Where can I  legally download music, movies, and other content?

Educause maintains a list of legal sources of online content.

Civil and Criminal penalties for violation of Federal Copyright Laws

Summary of Civil and Criminal Penalties for Violation of Federal Copyright Laws Copyright infringement is the act of exercising, without permission or legal authority, one or more of the exclusive rights granted to the copyright owner under section 106 of the Copyright Act (Title 17 of the United States Code). These rights include the right to reproduce or distribute a copyrighted work. In the file-sharing context, downloading or uploading substantial parts of a copyrighted work without authority constitutes an infringement.

Penalties for copyright infringement include civil and criminal penalties. In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505.

Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense.

For more information, please see the Web site of the U.S. Copyright Office at , especially their FAQ’s at .

The University does not forward your information to copyright complainants without a court-ordered subpoena.


Other FAQs What does 1st and 2nd offense mean? How do I know which one I am on?

LSU can receive multiple complaints for different files being shared by the same user. Though LSU investigates files indicated in DMCA complaints, users who are going through the DMCA procedure for the first time are considered on their first offense. Subsequent violations by a user after going through the DMCA procedure are considered a second offense and may incur a $50 fee and must complete other additional procedures.

If I downloaded copyrighted files off campus, this shouldn't be an issue, right?

This is incorrect. Running file sharing software that actively shares copyrighted work could still cause LSU to receive a DMCA complaint. As far as copyright owners are concerned, there is little difference between downloading and sharing their copyrighted works. In one case, you illegally downloaded a file. In the other, you are enabling others to illegally download from you. In either scenario, you are still participating in piracy and are responsible for complaints traced back to your PAWS ID.

What do you mean by 'file-sharing' software?

'File sharing software' include applications like Google Drive and Dropbox, however the bulk of DMCA complaints come from peer-to-peer (P2P) protocols like BitTorrent (e.g. uTorrent, Vuze/Azureus, Transmission, etc) or other P2P software like Ares and Frostwire.

Will I be responsible for DMCA copyright violations if someone else commits the violation using my assigned LSU account?

Yes, if you allow another individual to use your assigned LSU account you are still responsible. PS-107 Computer Users’ Responsibilities, states that “each user of computing resources shall secure and maintain computer accounts, passwords, and other types of authorization in confidence, and inform ITS immediately if a known or suspected security breach occurs". Please see LSU IT Policies page for additional details.

A family member installed sharing software and downloaded copyrighted material illegally to cause a DMCA violation; am I responsible?

Yes, you are responsible for the actions of your computer and other devices while they are connected to LSU's network, which includes illegally sharing copyrighted content.

Am I allowed to have file sharing software installed on my computer?

In general, yes. File sharing software does serve legitimate purposes. The core issue of DMCA violations are not the software installed but how it is used - to download or share copyrighted material illegally. If you are not using file sharing software for legitimate purposes, we recommend uninstalling the software to prevent potential DMCA violations.

Is it illegal to upload music onto the Internet even if I don’t charge for it?

Yes, if the music is protected by copyright and you do not have the copyright holder’s permission. U.S. copyright law prohibits the unauthorized distribution of copyrighted creative work whether or not you charge money for it.

If all I do is download movie/music/etc files, am I still breaking the law?

Yes, if the person or network you are downloading from does not have the copyright holder’s permission to share their content, then it is not legal for you to download it.

What if I upload or download music to or from a source based outside of the U.S.?

If you are in the United States, U.S. law applies to you regardless of where copyrighted content may be located.