Solutions for Search Engines & Social Networking web sites
"We have a web site which lets users upload their videos. There are far too many uploads each day for us to check each one manually. We don’t want to be sued - what can we do?"
"I heard the DMCA may protect me from liability if I offer a take-down service. I can't deal with content owners calling me at all hours of the day - what can I do?"
If you run a web site where users can upload their own content, then it’s inevitable that some users are going to post material that they don’t own the copyright to.
Similarly, if you run a search engine or torrent site, it’s inevitable that your search engine is going to index and link to files that the copyright owner objects to being made available via your search engine.
Your immediate solution is to add seek protection under the DMCA’s safe-harbor provisions for web sites and search engines, the starting point for which is to add a DMCA take-down notice and take-down procedure to your site, like this:
Notification of Copyright Infringement
[Insert your site name] will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through this Site, the Software or the Services, please notify [insert your site name]’s Copyright Agent.
Pursuant to Title 17, United States Code, Section 512(c)(3), a notification of claimed infringement must be a written communication addressed to the designated agent as set forth below (the “Notice”), and must include substantially all of the following:
(a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
(b) a description of the copyrighted work or works that you claim have been infringed ("infringed work") and identification of what material in such work(s) is claimed to be infringing (“infringing work”) and which you request to be removed or access to which is to be disabled;
(c) a description of the exact name of the file on [insert your site name], the Services or this Site (and the location of the file, if it appears on this Site) that you claim is infringing or if the infringed work appears on a site linked to from this Site, the Software or Services, where the material that you claim is infringing is located on such site;
(d) information sufficient to permit [insert your site name] to contact you, such as your physical address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.
To reach [Insert your site name]’s Copyright Agent for Notice of claims of copyright infringement:
|[Insert your address]
||[insert your fax number]
||[insert your email address]
The problem now is that content owners are required to contact you to take down their files. We expect DMCA take-down notices will be frequently targeted to your site, and you may soon find that you’re spending more time and energy than you want verifying the credentials of each person contacting you with a take-down request, finding the file that they’re referring to, working nights and weekends to meet the DMCA’s strict 48-hour take-down clause, etc.
Save yourself time and headaches. Subscribe to Global File Registry’s automated file notification service. Our database talks directly to yours, and you get to spend time doing, well, anything other than handling DMCA take-down paperwork.