Author: Marcia Wilbur
This is a book about the DMCA - Digital Millenium Copyright Act. It explains a little of what the DMCA is, gives copyright history and provides links to more information. The DMCA affects all who use computers and is worth investigation.
This anthology brings together over a dozen articles published by David Nimmer over the past decade regarding copyright, together with updated commentary weaving together the various threads running through them. The unifying theme running through the work is the need to reconcile standards in order to protect that most ethereal creation of mankind: the written word. From that unique vantage point the discussion delves into the religious roots and sacred character of the act of creation. Religion and copyright are brought into resonance as issues from one field are deployed to illuminate those in the other. Given its culminating focus on the Digital Millennium Copyright Act this work of necessity drills deeply into current advances in technology, notably the dissemination of works over the internet. The religious perspective shines an unexpected light onto those issues as well.
This Handbook is for ISPs and Website owners who want to eliminate exposure for monetary damages as a result of being liable for contributory copyright infringement through the proper application of the safe harbors of the Digital Millennium Copyright Act (DMCA). This Handbook provides the relevant information ISPs and Websites need to take advantage of the DMCA - a law that immunizes ISPs and Website owners and qualifying service providers from monetary damages for copyright infringement. This Handbook is also for Content Creators and Copyright Owners who want to know how to get infringing copies of their material or content taken down by ISPs and Websites. This Handbook Provides: *A Chapter-by-Chapter, Step-by-Step breakdown of the DMCA regime *Forms for ISPs & Websites to implement the "notice and take-down" process *Forms for Creators and Copyright Owners to remove infringing copies online The DMCA HANDBOOK for ISP's, Websites, Content Creators, and Copyright Owners is the authoritative handbook for all of the parties involved in online infringement of copyrighted protected content and the Digital Millennium Copyright Act (DMCA).
A Decade of the DMCA
Author: Marcia Wilbur
In 1998, the DMCA was passed into law. Since that time, many cases emerged. Background information relevant to copyright law and some cases are included.Over the past decade, some DMCA related protests were held. This book chronicles some of these events. In many cases in the past decade fair use was little or no consideration. In some of the more recent cases, fair use has been a consideration, which is somewhat of a relief to those who wish to create parodies and conduct research. However, there is no guarantee that any future cases that clearly fall under fair use will be seen as such by the courts. The examples in the book are not my DMCA story, but the story of Americans (and others) impacted by the DMCA. These are their stories, their experiences and some of their suggestions.
This thesis is about copyright takedown notices -- the procedural mechanism introduced in the Digital Millennium Copyright Act which empowers copyright owners to submit notices with takedown requests to service providers, to have service providers expeditiously remove or disable access to allegedly infringing content. This is a novel mechanism that bypasses judicial oversight over copyright disputes in favor of a fast, cost-effective and efficient co-operative scheme for managing online infringement disputes. Since its inception in 1998, takedown notices have become the lynchpin of the DMCA. However, little is actually known about how they are actually used and by whom in practice. There is also little information about how reliable these notices are and whether mistakes are made. Even more importantly, there is no information about whether service providers have responded to each takedown request accurately and fairly. Conducting a census on half a million notices and more than 50 million requests between 2001 and 2012, the first paper of this thesis ("The State of the Discordant Union") finds that since 2008, there has been an exponential increase in the number of takedown notices submitted (from 4,387 notices/15,274 requests in 2009 to 443,911 notices/54,263,600 requests in 2012). Part of the reason for this increase was the Trusted Copyright Removal Program (TCRP) instituted by Google in April 2011, which permitted "reliable, high accuracy" reporters to electronically submit multiple takedown requests to Google for automated processing. This also made negligible the numbers of notices in non-web formats. The study also found that section 512(d) notices and requests directed to Google's Search services dominate (in 2012, at 94.4% of all notices and 99.9% of all requests). Finally, and rather surprisingly, the study found negligible numbers of counter-notices (89 counter-notices/0.02% of all notices in 2012). What about the quality of these notices? The second paper of this thesis ("Who watches the Watchmen?") finds that almost all notices comply with the non-functional formalities in the DMCA (signatures and attestations). However, 8.3% of all notices in 2012 fail to comply with the functional formalities (identification of the copyright work and the infringing material). In addition, at least 1.3% of takedown requests exhibit "substantive" errors that misidentify the copyright owner or provide inactive URIs as takedown requests. One of the most egregious examples is the continued submission of takedown requests directed to megaupload.com and similar non-functional cyberlocker sites. A total of 414,139 invalid takedown requests were issued, with every issuing reporter attesting to their accuracy. This was totally avoidable - eight of the top 30 reporters sent not a single one of these erroneous requests. To ensure that the takedown system remains efficient and error-free, the study proposes to strengthen the attestation requirements of notices, to require reporters to validate all takedown requests, and to subject recalcitrant reporters to the "slow lane" of a two-tier system for processing takedown notices. Google has however reported a rejection rate of (only) 2.5% of all takedown requests for 2012. Is Google's automated takedown system DMCA compliant? Using data analytics and machine learning techniques, the third paper ("Trust but Verify") attempts to model Google's takedown process and its relevant considerations for 55 million requests in 2012. These 20 considerations range from the statements of attestation to the identities of the reporters, and from the identities of the targeted domains to detailed information about the copyrighted work allegedly infringed. The resulting model (precision: 79.8%, recall: 84.0%, F1: 81.8%) is a reasonably accurate model of Google's takedown process. The model shows that Google's takedown process is largely DMCA compliant, particularly as regards its use of title information to ensure formal and substantive compliance. However, it exhibits some anomalies e.g. it complies with requests that have no descriptions of the copyrighted work, it largely ignores URI errors, and it accommodates TCRP members who have high rejection rates. The study observes that the strategic behavior of takedown systems to favor compliance to rejection is an undesirable by-product of the architecture of the DMCA. To correct these problems, the study suggests mandating the publication of reasons for each takedown request and empowering service providers with effective remedies against reporters who make knowing misrepresentations in their takedown requests. It is only through this that the overall quality of the service providers' takedown systems can be raised, and the right balance can be struck between protecting the interests of content providers in removing unauthorized online content and preserving the freedom of expression on the Internet.
A valuable resource for online service providers (OSPs and ISPs), website owners, content creators, and copyright owners, this updated guide explains how to protect their online interests and enjoy immunity from infringement. It focuses on the basic requirements for preparing and filing the relevant forms and notices and provides online access to practice-ready DMCA form and appendices. For more experienced readers, the author provides a more in-depth analysis of the DMCA process and case law.
Author: Aaima Asad
Full text of Digital Copyright Act with legislative history, associated case law and other materials relevant to the subject.
Author: Adam D. Thierer, Clyde Wayne Crews
Publisher: Cato Institute
The Napsterization of just about everything digitizable -- books, music, movies, and, of course, software itself -- has brought copy protection issues to the forefront as never before.
Virtual Worlds that allow residents to create user generated content (UGC) will store that UGC on servers owned or controlled by the virtual world owners. When infringing copies of virtual objects are stored on those servers, the virtual world owners may be liable for monetary damages for contributory copyright infringement. Content Creators routinely discover infringing copies of their virtual goods in virtual worlds. Primarily for Virtual World Owners using OpenSim, Unity, or other proprietary platforms, this Handbook provides a step-by-step guide with all the Forms so that Virtual World Owners may take full advantage of the safe harbors of the DMCA. Content Creators are also provided with a step-by-step process including all Forms necessary to remove infringing content from all virtual worlds including Second Life(r), OpenSim, Unity, and proprietary worlds. The DMCA Handbook Provides: - A Step-by-Step breakdown of the DMCA process - A Policy Checklist to create the DMCA Policy - All of the Forms to implement the DMCA "notice and take-down" regime -Best practices for virtual world owners - Tips and instructions with Forms for Content Creators to remove infringing material Written by internet and copyright lawyer, Connie J. Mableson, the DMCA Handbook for Virtual World Owners is the only book of its kind available to assist Virtual World Owners and Content Creators with the DMCA process and regim