If we Have added some content that belong to you or your organization by mistake, We are sorry for that. We apologize for that and assure you that this wont be repeated in future. If you are rightful owner of the content used in our Website, Please mail us with your Name, Organization Name, Contact Details, Copyright infringing URL and Copyright Proof (URL or Legal Document) at [email protected] Regarding DMCA.
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I assure you that, I will remove the infringing content Within 48 Hours.
What Is DMCA Protection?
The DMCA, or the Digital Millennium Copyright Act, protects creative works on the internet and contains the legal foundation for rights management in digital works. It covers things such as articles, videos, and photographs.
The DMCA protects both copyright owners and internet service providers (ISP), otherwise known as online service providers (OSP). To warn would-be content thieves away, you can use a DMCA Protection Badge on your website.
The DMCA gives copyright owners a simple and straightforward way to get their content removed from websites that don’t have permission to use it. They can do this by sending a DMCA takedown notice to the ISP that hosts the offending content. ISPs are required by law to obey the notice as long as it meets certain standards.
DMCA notices mean that a copyright owner doesn’t have to deal directly with the person who stole the content. Furthermore, a DMCA notice can lessen the chances that a lawsuit enters the picture. Anyone accused of infringing on a copyright has the right to file a counter notice, which claims that no infringement happened.
ISPs, including search engines, email providers, etc., located in the United States also benefit. If they obey DMCA notices and take other reasonable measures to stop copyright infringement, they won’t face charges or other negative consequences for hosting the offending content. These types of protection are known as a “safe harbor” provisions.
There are two types of safe harbor provisions. One protects ISPs and web hosts against infringing content that users post. The other protects against material that links to infringing content.
In order for an ISP to qualify for this protection, its activities must fit into one of the following categories:
- Transitory communications – The ISP transmits information by automatic processes. It has no control of the content that gets transmitted.
- System caching is temporary storage of data that hasn’t been modified.
- Storage of content applies to websites that allow users to post content, such as YouTube.
- Information location tools include search engines, directories, and other similar sites. As long as they don’t have the ability to stop the offending content from being posted, they are protected.
The key is that in order for ISPs to be protected, they can’t have a direct role in posting the infringing material. They also can’t have previous knowledge that the content was violating a copyright. In addition they can’t profit from the infringing material.
The DMCA orders that ISPs have a DMCA agent to deal with notices related to copyright infringement. The agent’s contact information must be registered with the US Copyright Office. It should be available on the ISPs website along with a DMCA Policy. The policy should state that the ISP wishes to obey DMCA guidelines.
If an ISP or other site links to but didn’t post material that infringes on a copyright, similar restrictions apply. The ISP can’t have knowledge of the infringement and can’t financially benefit from it. If you are an ISP or a DMCA agent for an ISP and you receive a takedown notice, you must remove the offending material. You must also send the notice to the person who posted the content.
The person who posted the content may provide a counter notice stating that no infringement happened. Send the counter notice to the copyright owner. If the owner doesn’t file a lawsuit within 14 days, you, as the ISP, should put the content back on the website that you removed it from. Also bear in mind that the DMCA only protects ISPs against copyright infringement charges, not against trademark infringement or other intellectual property law issues. ISPs may receive cease-and-desist letters that deal with these other problems.