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NEW DIGITAL MILLENNIUM COPYRIGHT ACT PROCEDURES

1/24/2017

 
If you have a website that exhibits third party content, you should make sure you are in compliance Digital Millennium Copyright Act (DMCA) regulations. The rules have recently changed as the copyright office has implemented a new online registration system that replaces the prior paper system. Agents designated before December 1, 2016 must re-register before December 31, 2017 and renew such designations every three years to maintain safe harbor status.
 
The DMCA safe harbor provisions can shield you from liability for copyright infringement in the United States. So if you allow others to post comments, photos or other content on your website, and those materials infringe another person’s copyright, you can avoid liability if you follow the DMCA procedures. This is important because if you allow someone to post material on your website, and you don’t comply with these rules, you could be liable for copyright infringement even though you did nothing improper yourself.
 
To obtain the protection offered under the DMCA, you need to include on your website a DMCA notice informing visitors how to contact you to notify you of the presence of infringing material on your site. You will need to designate a person who will be your agent to receive notices of infringement and register that agent with the US Copyright Office's using their new online registry system.
 
A sample notice for a website is reproduced below which you can borrow from to create your own notice. Where there is a blank at the end after “Copyright Agent,” fill in your name, address, email and contact info of the person you are authorizing to accept any notices. You can serve as your own agent. This notice can be included in your terms and conditions portion of your website.
 
Then you need to register the agent with the copyright office. Go to: https://www.copyright.gov/dmca-directory/
 
There is a 6 dollar filing fee that can be paid online by credit card.
 
The copyright office has a help page with useful instructions at https://www.copyright.gov/dmca-directory/help.html
 
Sample Notice for website:
 
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please submit your complaint with this information:
  • A physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent:  ______________________ 

Mark speaks about about use of actor's images after death in fashion law blog

1/2/2017

 
The death of actress Carrie Fisher raised the issue of whether her name and likness could be resurrected after her death for future Star War movies. 

Virtual characters have been used before such as when when Universal Pictures combined CGI and previous footage for Paul Walker's role in 2015's "Furious 7" after his  death in a car crash.

Disney gave a supporting role to a digital version of  actor Peter Cushing in Rogue One, after he died in 1994.


Read the full article here

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    Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.
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