The Digital Millennium Copyright Act
The Digital Millennium Copyright Act – The Digital Millennium Copyright Act (DMCA), codified in 17 U.S.C. § 512, amended the U.S. Copyright Act of 1976. The DMCA provides for severe civil and criminal penalties for circumventing technical measures protecting copyrighted works. The DMCA protects Internet Service Providers (ISPs) from liability arising from acts by the ISP’s customers. However, there are certain conditions that an ISP must meet in order to qualify for the Act’s safe harbor provisions.
To enjoy safe harbor protection, an ISP must:
1. Implement a policy to terminate infringers;
2. Designate a service provider agent for notification of claims of infringement.
3. Provide means to receive notice of infringement and upon obtaining notice act expeditiously to remove, or disable access to the infringing material; and
4. Have no actual knowledge of the infringing activity.
Whether you are an Internet Service Provider or an individual or business who is the victim of online copyright infringement, or whether you are accused of online copyright infringement, our copyright attorneys practicing Internet law can provide you with the advice that applies to your particular situation.
Cease and Desist Notice
You may need an Internet lawyer to assist you with the preparation of a cease and desist letter when your business is the victim of Internet copyright infringement, Internet trademark infringement, Internet defamation, domain name legal issues, or other Internet law issues.
Your Internet business may need an effective cease and desist letter to prevent your competitors from copying the contents of your website in order to take advantage of the success of your online business…. or you may have received an Internet copyright infringement cease and desist notice from an Internet copyright infringement lawyer or Internet trademark infringement lawyer asking you for a significant amount of monetary damages. In addition the copyright infringement cease and desist notice written may contain threats indicating that your company will be the target of a copyright infringement lawsuit, and an injunction against Internet copyright infringement. Our Internet lawyers can provide assistance in drafting an effective cease and desist notice or responding to a cease and desist notice.
Effective handling of the cease and desist letter may determine whether or not expensive court litigation will be necessary to resolve the legal dispute.
Contact an Internet Lawyer