Copyright Notice

A copyright notice is a notice of statutorily prescribed form that informs users of the underlying claim to copyright ownership in a published work. Use of the notice informs the public that a work is protected by copyright, identifies the copyright owner, and shows the year of first publication.

 

Digital Millennium Copyright Act (DMCA)

The Digital Millennium Copyright Act (DMCA) is a controversial United States digital rights management ( DRM ) law enacted October 28, 1998 by then-President Bill Clinton. The intent behind DMCA was to create an updated version of copyright laws to deal with the special challenges of regulating digital material.

 

DMCA Takedown Notice

A DMCA Takedown is when content is removed from a website at the request of the owner of the content or the owner of the copyright of the content. Below is a list of takedown conditions:

  • When copyright infringing content is removed or "taken down" from a website, by the website owner, upon receipt of a DMCA Takedown Notice from their ISP / Hosting company. This notice is generated by the, or on behalf of, the illegally published content owner, distributor, publisher etc.
  • When copyright infringing content is removed or "taken down" from a website by the website owner upon receipt of a DMCA Takedown Notice from the, or on behalf of, the content owner, distributor, publisher etc.
  • When copyright infringing content is removed or "taken down" from a website by the by the ISP or Hosting company of the website that is publishing the infringing content. This occurs because the website owner has not voluntarily complied with a DMCA Notice and the ISP or Hosting company must comply with the Takedown notice.
  • When an infringing website is taken down or "offline" by its ISP or Hosting company. This occurs because the website owner does not voluntarily comply with a Takedown notice as described above.

 

Cease and Desist

A cease and desist letter, also known as infringement letter or demand letter, is a document sent to an individual or business to halt purportedly unlawful activity ("cease") and not take it up again later ("desist"). The letter may warn that if the recipient by deadlines set in the letter does not cease and desist specified conduct, or take certain actions, that party may be sued.

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