When pursuing digital copyright infringement for online offenses, it can be challenging to know what to do. The internet is huge and confusing, and it is easy to feel that the situation is too vast for action. Though this is an understandable feeling, it is not the reality. There are actions that you can take to enact justice with the help of an Orange County DMCA take-down notice letter lawyer.
Our attorneys have over 60 years of combined experience in this direct arena. Business law and digital copyright laws, specifically, are incredibly nuanced. In addition, these standards constantly change based on new technology and upgrades. Our attorneys have been in the industry for all these changes and can help you navigate your case easily. Our direct experience proves to be an incredible asset to our clients, allowing hundreds of people to end the copyright violations harming their work.
WHAT IS A DMCA TAKE DOWN NOTICE LETTER?
When a copyright infringement occurs online, action is taken in a DMCA Take-Down Notice Letter. This document outlines the exact scope of the offense and implores the internet service provider (ISP) to remove the information or content. This letter outlines the ISP’s options. They may:
- Take down the copyrighted content
- Prevent users from accessing the content (disable it)
- Keep the content and face liability
This letter is the digital equivalent of a cease-and-desist notice, with which many people are more familiar.
WHY DO I NEED AN ORANGE COUNTY DMCA TAKEDOWN NOTICE LETTER ATTORNEY?
Though there are generic DMCA take-down notice letter templates online, it is essential to go through the process with an attorney. Unfortunately, many websites do not respond or acknowledge take-down notices if there isn’t an immediate threat of legal action. What’s more, the copyrighted information may already have been shared across other websites and platforms. This makes it difficult to track and take full action on your own.
It is important to note that you may deserve restitution or reparations if the site’s use of your work caused significant damage or if they refuse to remove the content. When you work with an attorney from the beginning, it’s easy to begin the process of obtaining reparations.
Finally, many of the online templates do not fully cover the scope of the issue. These documents leave many loopholes and gray areas. It is best to seek justice through an attorney to ensure that the documents are legally binding and airtight.
WHAT IS PROTECTED UNDER THE DMCA?
Though many people associate copyright law with books and other texts, the DMCA covers an enormous scope of intellectual property and creations. Some examples include:
- Digital artwork
Essentially, if you copyright your work online, the DMCA works to protect it.
WHAT IS NOT PROTECTED UNDER THE DMCA?
Like any law or legislation, the DMCA has its limits when it comes to protecting content. Sometimes, the law cannot enforce a copyright on specific information. In other situations, the information itself is not subject to copyright in the first place. Having an attorney review your situation is an incredible asset to determining whether the DMCA protects the information or the work at hand.
Some examples of what the DMCA cannot protect include:
- Small phrases, basic sentences, and individual words
- Basic or familiar designs, logos, or symbols
- Public domain content
As you can see, many of these are fair and understandable. For example, no one would claim copyright infringement on the phrase, “they lived happily ever after.” This phrase is basic, well-known, and short. Its use does not mean that anyone stole content from anyone else, and the DMCA does not take action against it.
The ISP or website can respond to your take-down notice letter. In these cases, they may outline why the use is legal, how they followed parameters of copyright, or clarify any misunderstandings that led to the assumption of copyright infringement. In some cases, the ISP is allowed to republish the content. In others, it must remain removed and under your control. Again, your attorney can help you to parse this information if you receive a response.
Many people explore a DMCA to get adequately compensated for their work. It is important to note that in many scenarios, this may not be necessary. You can have your attorney contact the website or ISP and inquire about payment. Some artists or creators may be offered compensation for their work. If you are not one of these artists or creators, you may decide to move forward with a DMCA letter. It is simply necessary to note that a desire to be properly compensated is not necessarily grounds for sending a DMCA letter. It may be resolved in a simpler way.
CONTACT A DMCA TAKEDOWN NOTICE COPYRIGHT LAWYER TODAY
If you believe that an ISP or website is using your copyrighted or protected work illegally, contact our offices. We can help you receive proper credit and compensation for your hard work.