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Questions tagged [dmca]

The Digital Millennium Copyright Act is a United States copyright law. It provides copyright holders with a mechanism to address copyright violations, while reducing liability for content providers (such as Stack Exchange).

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DMCA: How can ISP ever avoid liability, ISP always gets financial benefit from user content infringement

According to DMCA, to avoid liability the ISP must not financially benefited from the infringement. But ISP is always making money in one or many ways from infringement (ads display, subscription, ...
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1answer
35 views

Is service provider obliged by law to provide me with copy of DMCA takedown notice?

I'm running into problem with my content being removed from certain website through copyright notice. The biggest problem is that I don't even know who posted DMCA notice or what copyright my post ...
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82 views

YouTube Counter Notification

I am a small music creator operating through a limited liability company in the United Kingdom. One of my music tracks was licensed by a major Hollywood studio, and used in the trailer campaign for a ...
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2answers
54 views

Is there any “enforceable” protection for the uploader from fake DMCA takedown requests?

I know that a request must be "under penalty of perjury". But that doesn't protect against fake information. Anyone, and especially parties outside US jurisdiction, (and even more so in countries ...
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1answer
27 views

Why don't companies supply all of the needed information about their DMCA designated agents?

I wrote "why" for lack of a better short way of saying: I'm assuming these large companies won't take a chance of being sued for this, and furthermore assume that they know the law requires it, so ...
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2answers
55 views

Does DMCA cover apps?

I'm planning on selling an app where users will be able to upload content, and other users will be able to see it. The content will not be available on a website. The content will be stored on my web ...
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1answer
59 views

Does bypassing the 10NES lockout chip violate the DMCA?

The first model of the NES has a 10NES lockout chip to prevent unauthorized games from being played which many of the companies worked around. The negative result to the consumer is that this chip ...
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2answers
63 views

Is it legal for a website to require registration in order to submit a DMCA?

This is about one of the big file sharing websites that currently has 30+ links to my original content. I sent them an official DMCA, they replied to make a registration on their website and use their ...
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4answers
7k views

Do we have to take down the material for 14 days even if the DMCA notice is erroneous?

A very large site and my site are both licensed to use product images created and photographed by the same vendor. Now the large site comes after my site and sends a DMCA notice to my hosting provider,...
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2answers
176 views

How to challenge a DMCA takedown without putting yourself at risk?

I'm an open-source contributor trying to share a repository that a company claims they own. They claim that parts of the project include information (let's call them magic numbers) that were reverse-...
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1answer
57 views

DMCA disclaimer's impact on hosted material

I've found a website that hosts a large number of data that is supposed to be publicly available. They've put this in their DMCA information page: "The Eye (https://the-eye.eu/) respects the ...
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2answers
99 views

Am I entitled to information that the DMCA claimant is taking a legal action against me within 10 business days after receiving counter DMCA notice?

An item of mine was removed from a third-party website due to a DMCA copyright claim. I'd gone thoroughly into it and noticed serious issues with the document. Namely, contact credentials were ...
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2answers
53 views

Can the user be given time to respond (DMCA) before removing content?

If I (as a website owner) receive a DMCA Takedown Notice for a user's post, am I allowed to give said user a small period of time to provide a counter-notice before I take down the post? I was hoping ...
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1answer
215 views

Whistling copyrighted music on youtube

Without going into too much detail as to the why's and wherefore's of the question (I'll put it at the bottom, question first), I am curious about the copyright laws regarding whistling copyrighted ...
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3answers
3k views

Is creating and selling “cheats” or “hacks” for games illegal?

I sell game hacks for a living, but wanted to learn more about the laws regarding what I do. Most of you probably haven't heard of this, but there are people like me who reverse engineer games, and ...
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0answers
31 views

Suppose a company infringes on a photograph on both their website and on their Instagram. How many infringements is this?

Suppose a company infringes on a photograph on both their website and on their Instagram. How many total infringements is this? Would it be one or two infringements?
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1answer
73 views

Can I file a DMCA takedown notice for a derivative book I made without authorization of the author which was published on the internet by my students?

I made a summary book of a larger book and I provided it to my students six years ago. This derivative book has my name on it and was made without authorization of the editorial of the original book. ...
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2answers
356 views

How can I legally protect my website from users who upload copyrighted material?

I have a small website that hosts content in the form of text from registered users. The content can be described more specifically as short novels, essays and other personal work. How do I protect ...
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1answer
71 views

DMCA and First Amendment: When can a commentator be compelled to reveal their method of content acquisition?

Scope This topic is cousin to the latitude afforded journalists to protect their sources. However, this question primarily pertains to enforcement of the DMCA. Definitions “User”: the entity that ...
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0answers
72 views

Would archiving copyrighted video game ROMs under these conditions be legal?

I am interested in creating an archive of video game ROM files (the pieces of code inside a cartridge or disk which makes a video game work.) I am very will aware that in most cases, this would be ...
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0answers
318 views

What are the implications of [archive.org]'s DMCA Exception?

The website http://archive.org/ contains many pieces of software, including video game ROM files. These files generally cannot be distributed, except in cases of fair use. According to this page, ...
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3answers
160 views

Can the original copyright holder issue DMCA takedown requests on infringements of second-order derivative works?

Consider this scenario: Alice publishes a work A under CC-BY-SA-3.0. Bob makes a derivative work B from A, and publishes it under CC-BY-SA-3.0. Charles makes another derivative work C ...
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1answer
91 views

Is there liability for distributing someone else's copyrighted material to those with permission to use it?

For example, multiple companies that resell widgets are given permission by WidgeCo™ to reuse content (descriptions and images of products) from widgeco.com. As a third-party website provider to ...
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2answers
87 views

Do I have video rights over my software?

If one creates software and chooses to sell it, are they able to control any video footage of the software in use? If so, must they go about that by stating explicitly in the license that users may ...
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2answers
165 views

Copyrights owner rights in case of DMCA – user block

Recently I started to sell my digital items in the web and faced with the piracy. Pirates fraud my files from the market, upload them to the file hosting services and posts the links to warez web ...
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2answers
290 views

Is it prohibited to accept DMCA takedown notices from non-authorized individuals?

I asked Github to take down some infringing Capcom content. I'm 100% sure that the Capcom doesn't want the content there because it's software to bypass their copy protection. I specifically asked ...
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1answer
70 views

Can I use a TV character name for my business brand?

"Species 8472" is a legendary race in the Star Trek universe, which is the only one other than humans to ever have defeated the Borg. It has particular resonance amongst tech nerds, for this reason. ...
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1answer
135 views

Copyright of user-generated content

My partner and I created a pre-employment testing website. Users come to our site, pick and choose questions they like from our library and then invite their candidates to take the test. We (owners ...
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3answers
438 views

Can an ISP respond to a DMCA counter notice on behalf of a user?

We are an ISP, allowing our users to write reviews of their educational experience. Normally the users' free speech rights are protected through the Communications Decency Act, Anti-SLAPP statutes, ...
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1answer
69 views

What must an ISP do to be protected under the Online Copyright Infringement Liability Limitation Act

Under statute 512 of the Online Copyright Infringement Liability Limitation Act (OCCA) in section (c)(1)(A)(iii) it stipulates that an ISP upon obtaining such knowledge or awareness, acts ...
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2answers
85 views

Can only lawyers write DMCA takedown letters, or can anybody?

My friend and I have been debating whether a DMCA takedown request technically counts as a legal document, therefore requiring a lawyer to provide legal counsel for it. I understand that you are able ...
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1answer
983 views

Can I get my answers deleted from Stack Exchange?

According to a moderator statement in meta that I read, Stack Exchange claims a "license" on the answers and questions which a user has posted. From a copyright standpoint can a claim be made or a ...
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1answer
31 views

How to provide users with ability to report copyright infringement

I'm developing a web application that host user submitted content (photos\images). I know that in order to be protected under safe harbor rules, I need to provide people with contact info to submit ...
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2answers
547 views

How to go about sending a DMCA takedown notice to pornographic websites?

I have a few questions about the DMCA takedown process. A friend of mine is a webcam model for a video chat site. She lives outside of the U.S. and because of this she has had difficulty getting ...
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1answer
81 views

Streaming Illegal Content Without Awareness

Dropbox and other cloud storage solutions have become popular over the last few years. Storj's decentralized network model may be the future of cloud storage. I'm considering a similar approach to ...
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1answer
204 views

What are the penalties for falsifying a DMCA notification?

I'd like to get your thoughts on the following scenario: a host takes down content and informs the content creator, it was taken down for copyright reason content creator asks to be forwarded the ...
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1answer
223 views

Abuse of DMCA for content licensed under CC BY and recourse

There was a video of a county's legislative session posted by their authorized film company posted on YouTube under CC BY. A guy then downloaded it and reposted it on his YouTube channel with ...
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2answers
47 views

Legality of commercial music in a free game

I am currently in development of a free mobile game (no ads). It is a music mixing game. Are there any legal actions I would need to take to use commercial music in my game? Please let me know if you ...
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1answer
187 views

My software outputs to another company's proprietary file format; legal?

is there a general answer to whether it contravenes DMCA or copyright protection to have a piece of my software output to another company's proprietary file format?
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0answers
505 views

Trading Card Database - Copyright Infringement or Fair Use?

I would like to create a text-only database for collectible trading card games. The database would contain card names, ability text, flavor text, etc. Images would not be included. This project would ...
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1answer
613 views

Legality of Proxy sites and DMCA

I own a semi successful proxy website. It was created initially to assist co workers in the web hosting industry for troubleshooting propagation of new websites. Recently I have been receiving DMCA ...
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2answers
1k views

Court order for a DMCA counter-notice

I have sent a DMCA notice against a party which is infringing on some material of mine. They have now sent a DMCA counter-notice, and the site replied with the following We will replace the removed ...
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1answer
72 views

Does reviewing material added by users revoke my DMCA safe harbor?

I run a site that has pages for famous people, brands, movies, etc. Each page has a "profile picture" that is added by a user (if no user has submitted a picture yet, a default image is used). When a ...
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1answer
479 views

Definition of “Direct Financial Benefit” in the DMCA Title 17

I run a website with pages for famous people, books, brands, movies, etc. Users can rate and discuss these things. Each page has a "profile picture", which is added by a user and then approved by a ...
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2answers
174 views

Are pictures that don't have model releases protected under the DMCA?

Let's say a user of my website posted a picture. I know that as long as my website and the picture satisfies the conditions of the DMCA, I have a safe harbor against copyright claims by the individual ...
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1answer
213 views

Remove liability for user submitted content

I run a website and recently had a small legal dispute with content posted by a user. A copyright owner wanted me to remove content, I acknowledged the request, requested for proof of ownership, ...
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1answer
334 views

What does “actual knowledge” mean in the context of DMCA safe harbors?

According to 17 U.S. Code § 512 - Limitations on liability relating to material online (emphasis mine): A service provider shall not be liable for monetary relief, or, except as provided in ...