DMCA Agent Services
Frequently Asked Questions
By InternetLitigators ®
- What is the DMCA?
- DMCA refers to the Digital Millennium Copyright Act, more specifically, the "safe harbor" provisions of the DMCA which provide a defense against a claim for leaving up or taking down content after receiving a request to take down content posted on a system that you operate or control - as long as you follow the required procedures.
- Does my website need a DMCA Agent?
- The Safe Harbor provisions of the DMCA apply to any Online Service Provider hosting the content of others as long as the content is in fact the content of others. Examples include web hosting companies, social media, blogs,
- Who do I list as my DMCA Agent on my website?
- How long do I have to remove content from my website after receiving a DMCA takedown notice?
- As a DMCA Agent Services customer we evaluate each notice we receive on your behalf and if it is a proper notice we advise you of the exact content to remove by URL and provide you with the deadline for the removal of the content at that time.
- What do you do if the DMCA notice is not complete or is improper?
- If we receive a notice that is improper we automatically respond to the sender with information identifying the deficiency and instructions for providing a proper notice. There is no need to remove content where the notice does not comply. Most notices for some clients are non-compliant.
- What happens after you determine that a DMCA Notice is compliant?
- We provide you with a copy of the notice and our exclusive DMCA report letting you know the exact content to remove and the deadline for removal. We prepare notice for you to send to your customer advising of the removal and instructions for providing a counter notice if the customer wishes to do so. We receive all notices and counter notices and continue to keep you advised throughout the process of all removals, replacements and responses.
- What does the InternetLitigators DMCA Agent Service Cost?
- There are three plans to choose from depending upon the number of notices that you receive on a monthly basis. All three plans include registration, website content review, the selected number of notices (more are available as needed), all necessary correspondence from you to your customers, DMCA Reports for the removal of any content and instructions to you where any content is to be re-posted. We also provide direct communications in the event that you have any questions.
- Can I serve as my own DMCA Agent?
- Yes absolutely. We find, however, that given the ambiguities involved and questions that arise as to whether a notice is compliant combined with the need for clear communications to customers and complaining parties that many companies simply prefer to let us handle the legal so they can focus on continuing to run their business. We do provide simple, independent registration services for those wiishing to designate their own representative.
- What are the penalties for failing to comply with the DMCA?
- There are not penalties in the true sense. There is no DMCA Police. However, failure to comply with the DMCA can result in your being held responsible for the content of third parties posted on your website, whereas if you do comply you have a potential full defense. Our service is intended to help you comply substantively adn procedurally as well as freeing your team up to stay focused on operations.
- Do you prepare custom Privacy Policies and Terms of Service?
- Absolutely! We have prepared web legal documents for companies for over 26 years. We are a full service Internet Business Law Firm prepared to handle all of your legal needs for your website, web business or any business with any legal issue related to the Internet.