Craig Cupid

Part 3: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

By Craig Cupid on August 22, 2019 Posted in Digital Millennium Copyright Act (DMCA)

Protection From Additional Liabilities Once a company is found ineligible for DMCA safe harbor, it is vulnerable to be found liable for copyright infringement claims. Copyright holders may pursue secondary liabilities such as vicarious, contributory or induced infringement. Secondary liabilities are sought when the user who posted the infringing materials is not available or cannot … Continue Reading

Part 2: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

By Craig Cupid on August 15, 2019 Posted in Digital Millennium Copyright Act (DMCA)

Compliance With Notice and Takedown Provisions of the DMCA In 17 U.S.C. § 512, subsections (c) and (d), special notice and takedown provisions are outlined for OSPs that host copyrighted materials on their platform or contain links to copyrighted material on their platforms, respectively. If these particular OSPs comply with the notice and takedown provisions, … Continue Reading

Part 1: Companies Are Not Complying With the Safe Harbor Provision of the DMCA

By Craig Cupid on August 8, 2019 Posted in Digital Millennium Copyright Act (DMCA)

Introduction The most recent changes to U.S. copyright rules driven by the Digital Millennium Copyright Act (DMCA) became effective on Dec. 1, 2016. However, a considerable time after the effective date, many companies have yet to fully comply with the rules outlined in 37 C.F.R. § 201.38 and 17 U.S.C. § 512. Companies should review … Continue Reading

Renew It or Lose It: New Rules Set for DMCA Safe Harbor Protection

By Craig Cupid on December 1, 2016 Posted in Copyright

Effective December 1, 2016, nearly five years after issuing an initial notice of proposed rules, the U.S. Copyright Office will be implementing new rules intended to govern the designation and maintenance of Digital Millennium Copyright Act (DMCA) agent information under a new electronic system. This is a significant action by the Copyright Office, for at … Continue Reading