Do you have a registered copyright agent? Some relevant links: http://copyright.gov/onlinesp/list/a_agents.html <http://copyright.gov/onlinesp/list/a_agents.html>
http://www.copyright.gov/onlinesp/agent.pdf <http://www.copyright.gov/onlinesp/agent.pdf> This is the form for designating your agent. Filing fee is $105 http://www.newmediarights.org/guide/legal/copyright/dmca/Protecting_websites_copyright_liability_user_content_Section_512_safe_harbors_takedown_notice <http://www.newmediarights.org/guide/legal/copyright/dmca/Protecting_websites_copyright_liability_user_content_Section_512_safe_harbors_takedown_notice> ***The following was legal advice given to me at one time*** I had a telecom attorney tell that I should respond to any notices, even if it is to direct them to send to the proper e-mail/postal address. We have a form e-mail that states to contact the correct agent to go to these addresses. This weeds out the fakes, and the shady ones. We consider it an official request if the contact the agent. Otherwise, it’s just a contact. Once a formal request is received then it’s up to your actual legal policy on how to deal with it. Justin Wilson [email protected] --- http://www.mtin.net Owner/CEO xISP Solutions- Consulting – Data Centers - Bandwidth http://www.midwest-ix.com COO/Chairman Internet Exchange - Peering - Distributed Fabric > On Oct 13, 2015, at 3:20 PM, Faisal Imtiaz <[email protected]> wrote: > > ... It goes like this.... > > You should have your AUP, prohibit illegal activities.... > Then you can forward to DMCA notice to your customer asking them to remove > the Copyright content ..... > you can refer to your AUP for compliance.... > > You obligation is not just to forward the notice... but get your customer's > cooperation in taking down the copyright content. If you don't do that then > you are very likely to invite a shit storm to your organization... > > Choice is yours as a service provider..... > > > The above is obviously a very abbreviated suggestion for best practice... by > no means it is legal advice or a discussion on what is right and what it > wrong.. > > > :) > > > Faisal Imtiaz > Snappy Internet & Telecom > 7266 SW 48 Street > Miami, FL 33155 > Tel: 305 663 5518 x 232 > > Help-desk: (305)663-5518 Option 2 or Email: [email protected] > > From: "Peter Kranz" <[email protected]> > To: [email protected] > Sent: Tuesday, October 13, 2015 2:30:52 PM > Subject: Re: [AFMUG] Take down notices/Copyright infringement notices.. > Anyone have a decent cover letter they use when forwarding DMCA complaints.. > I want something that just says “We are required to forward these” without > providing any guidance or counsel. > > > Peter Kranz > www.UnwiredLtd.com <http://www.unwiredltd.com/> > Desk: 510-868-1614 x100 > Mobile: 510-207-0000 > [email protected] <mailto:[email protected]> > > From: Af [mailto:[email protected]] On Behalf Of That One Guy /sarcasm > Sent: Tuesday, October 13, 2015 11:17 AM > To: [email protected] > Subject: Re: [AFMUG] Take down notices/Copyright infringement notices.. > > > Only if you want shielded under safe harbor from a lawsuit. > > Best to just forward and duplicate somebody elses DMCA policy to your website > whether you enforce it or not. > > They are handy for douchebag customers though > > > Check the archives here, there was a big discussion on the dos and donts with > some good points made, one of which being if you do forward it, dont alter it > in any way > > > On Tue, Oct 13, 2015 at 1:06 PM, Peter Kranz <[email protected] > <mailto:[email protected]>> wrote: > > Is there any legal requirement for an ISP to forward these notices to their > customers? > > > Peter Kranz > www.UnwiredLtd.com <http://www.unwiredltd.com/> > Desk: 510-868-1614 x100 <tel:510-868-1614%20x100> > Mobile: 510-207-0000 <tel:510-207-0000> > [email protected] <mailto:[email protected]> > > > > > > -- > > If you only see yourself as part of the team but you don't see your team as > part of yourself you have already failed as part of the team. > >
