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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Has anyone been convicted of perjury for false DMCA takedown notices?

When a copyright holder demands that infringing material be taken down, the Digital Millenium Copyright Act (DMCA) paragraph 3A(vi) requires: A statement that the information in the notification is ...
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User Generated Content [closed]

I am an Indie App developer so I created an app where the users share their video(music songs or anything related fun) or pics with others within the app its a user-generated content what kind of ...
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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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DMCA counter notice and court action

Suppose there are two parties A and B. A files DMCA against B and the material is taken down. Then B files counter notice against A. Then google sends notice to A that unless A submits notice that ...
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4answers
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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 from B, and ...
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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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3answers
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Is it illegal to reverse engineer a software if the EULA prohibits it for all purposes?

I have installed an Android app that lets me play with networking and HTTP headers. One of the perks of the app is to be able to export a configuration file so other users that also have the app can ...
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114 views

Does YouTube legally need proactive takedown?

YouTube needs to figure out what to do about people posting copyright material. The actual solution they arrived at, after some negotiation with the media companies, includes programs that scan ...
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1answer
84 views

Would company A be legally liable if a hack is developed by a third party to run company B's software on A's hardware?

So let's assume there are 2 console companies: Company A and company B. Let's say that company A creates the gamesystem X and company B creates the playingmachine 5. Both companies have proprietary ...
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Designating an individual or third-party as DMCA Agent gives extra protection? And is it liable?

According to the United States Copyright Office, https://www.copyright.gov/rulemaking/onlinesp/NPR/faq.html: “A designated agent may be an individual (e.g., “Jane Doe”), a specific position or ...
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Am I Infringing copyright by posting a bunch of (verbatim) quotes from books?

I run a self-improvement oriented community. I continuously read books, some of them quite famous, and provide a summary along with textual quotations from each of the books reviewed. Now here's the ...
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DMCA Liability when automating MakeMKV [duplicate]

I am looking into writing some software that automates MakeMKV (software that can make digital backups of DVDs). MakeMKV provides an interface for this kind of thing, so as I understand it, their EULA ...
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Does DMCA applies on decompiled assets from apk

Actually this question ( Does DMCA cover apps? ) does not cover my answer. Actually I have made an android app which is published on play store. I had trained some machine learning models which I used ...
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Are there consequences for not filing a DMCA (any country)

Awhile ago, I linked someone to a fansite of people who read his indie fiction and he cursed me out because there were illegal copies to his work on it. He told me that he was legally bound to file ...
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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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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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How does the Supreme Court ruling in *Fourth Estate* not undermine the DMCA's notice-and-takedown process?

The Supreme Court recently ruled in Fourth Estate v. Wall-Street.com that copyright registration occurs (and thus an infringement action can be brought) only after the Copyright Office takes action ...
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1answer
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Is it legal to distribute a modded free application on your website?

There is a free Android app called Google Camera intended for Google Pixel smartphones, and there's a huge online community of people modifying the application so it can run on more different devices. ...
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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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88 views

DMCA Takedown and counter notice when service provider

There's something I have trouble understanding. My app is considered a service provider and registered with copyright.gov Some time ago someone found some copyrighted work and filed a DMCA notice to ...
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Will a copyright holder lose the right to enforce copyright if they're not enforcing it on some stuff, or even just have problems enforcing it?

I'll give an example to make the question more clear. Recently a person uploaded and made public a clone of Super Mario, able to run on Commodore 64. This is clearly not just a pirate copy of the old ...
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2answers
285 views

What is the legal significance of stating that one does not own or claim rights in an uploaded youtube video?

I mean often you see uploaded videos containing content presumably copyrighted by 3rd party with the uploader stating: "I don't own any rights in this video" What effect does stating such have? Is ...
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Proportion of copyrighted material that can be distributed without infringement

Is there a threshold or a descriptive proportion that is considered not copyright infringement but merely creative and educational use when distributing some copyright protected material along with ...
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1answer
412 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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1answer
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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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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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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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2answers
505 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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1answer
54 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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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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163 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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61 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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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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317 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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231 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
148 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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671 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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1answer
116 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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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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1answer
99 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
53 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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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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2k 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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2answers
190 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
377 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
160 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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1answer
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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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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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81 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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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 ...