DMCAS Notice: What New York Businesses Need to Know
The Digital Millennium Copyright Act (DMCA) is a piece of legislation designed to protect the copyright of online content creators and publishers3 min read
The Digital Millennium Copyright Act (DMCA) is a piece of legislation designed to protect the copyright of online content creators and publishers. While the DMCA applies to all online content and interactions in the United States, local laws, including those that apply to businesses in New York, may also be applicable to issues related to the DMCA and potential violations. Below, we have gathered the information New York business owners and managers need to know about DMCA laws in the state.
What is the Digital Millennium Copyright Act?
The Digital Millennium Copyright Act (DMCA) is a federal copyright law that was passed in 1998. The DMCA seeks to protect copyright holders from digital media infringement and offers those who have been the victim of unauthorized use of copyrighted materials a way to file and make a DMCA claim.
The law allows copyright owners to send copyright takedown notices to websites, search engines, and ISPs (Internet Service Providers) when their copyrighted work has been infringed upon. DMCA takedowns can be issued whether the infringement occurrence was accidental or intentional.
What Does the DMCA Require of Business and Website Owners?
Businesses must obey the DMCA compliance laws as outlined by the federal government, which include creating and maintaining a DMCA Policy on their website. A DMCA Policy is a document that informs website visitors that the website complies with the DMCA laws and details certain procedures the website has in place to respond to DMCA notices and takedown requests.
The website must also make it clear what information should be provided in a takedown request, including:
A statement declaring that the claimant has a good faith belief that the material supplied to be in violation is not authorized by the copyright owner or their legal representative;
The claimant's contact details: name, address, telephone number, and email address;
A statement indicating that the information in the notice is accurate and that the claimant is authorized to act on behalf of the copyright owner;
The URL or physical location of the content that is allegedly infringing on copyright; and
A physical or electronic signature of the copyright owner or representative.
Once a takedown request has been received, the website must respond within 48 hours to either honor and remove the infringing content or explain why it is not infringing copyright.
What Particulars Does the State of New York Require?
Besides adhering to the provisions of the DMCA, businesses in the state of New York must also be aware of additional laws pertaining to copyright and online use.
For example, in the state of New York, if a website owner continues to host infringing content after receiving and acknowledging a DMCA takedown, they are subject to liability for statutory damages pursuant to the New York State statutory scheme.
The state also requires online business owners to provide individuals with a process to submit counter-notices in the event that infringing content is removed in response to a DMCA takedown. Counter-notices must be filed within 10 days of the removal of the content and must contain specific information required by the statute.
When to Seek Legal Advice
The best way of ensuring that your business is meeting the state requirements and protecting itself is to seek legal guidance from experienced attorneys. UpCounsel is an online platform that connects businesses with experienced attorneys who understand local laws and can provide the best possible counsel on issues related to the DMCA and Takedown Notices.
Whether you need a one-time consult or an entire freelance legal team, UpCounsel’s network of experienced lawyers has you covered. From small businesses to the Fortune 1000, groundbreaking companies of all shapes and sizes trust UpCounsel and its attorney community to provide high quality, cost-effective legal services. Access to high quality attorneys on demand, business attorneys with an average of 14 years of experience, and clear profiles that display client ratings and reviews of recent work make UpCounsel the perfect partner for businesses looking to secure their operations and ensure compliance.
Topics:
