November 8

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Online Hosts Do This Now!!

Do you allow anyone to post anything to your website?
Then, you need to take action now! Why?
The law has changed.
Under the Digital Millennium Copyright Act (DMCA), hosts of third party content are able to take advantage of a safe harbor only if the host registers and provides a take down policy for alleged infringing works posted to its website.
Specifically, you must comply with certain prerequisites to qualify for the safe harbor under section 512 of the DMCA.
You must register, designate and maintain a DMCA agent to receive and act on notices from copyright owners and their agents.
To register your agent, you must comply with the new electronic registration requirements no later than December 31, 2017.
Why wait?
Take action now before you forget.
Missed the deadline?  Do it NOW!

You Can Register Here: Register Now.

In addition, in order to take advantage of the safe harbor, you need to add a take down policy to the terms of use on your website, which includes:
  • Identify your designated DMCA Agent for receipt of notifications from third parties claiming copyright infringement;
  • Include a physical address, phone and email where notifications may be sent;
  • Establish a system for taking down or removing alleged infringing content; and
  • Respond within a reasonable time by taking down or removing alleged infringing content.
Make sure that you keep this contact information up to date.
Here is an example of a take down policy that you might include in your terms of use (“You” is a term defining anyone accessing the online content of your website or websites (“Website”) listed or otherwise referenced in your terms of use):

Take Down Policy

If You believe that any Website contains anything that infringed upon a copyright owned by You, then You, or your agent, may submit a notice pursuant to the Digital Millennium Copyright Act by providing our below identified agent all the following information in writing (“Notification Requirements”):
  • identification of the copyrighted work or works claimed to have been infringed; identification of the material claimed to be infringing that copyrighted work;
  • identification of the location of that material using URLs or similar information sufficient to permit us to locate that material on our Website or services;
  • a statement that you have a good faith belief that use of that material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • information permitting us to contact you, such as your address, telephone number and email address;
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed; and
  • your physical or electronic signature.
You acknowledge that failing to comply with all of the Notification Requirements invalidates your notice and releases us from taking any action until we receive all of the Notification Requirements in a single notification.
Our Designated DMCA Agent
Agent Name:  _________________
Company Name: _______________________
Address: ___________________, ___________, _____-____
Email: __________________
Phone: _________________


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