dmca kickstarter cle @ seattle univeristy law w/ tim bilick
DESCRIPTION
Session 1 - Kickstarter, Terms of Use, and the DMCA (Digital Millennium Copyright Act) Tim Billick,TRANSCRIPT
PITFALLS AND
DMCA and Kickstarter
Tim Billick is an attorney with the Mann Law Group Seattle, WA.
DMCA Basics - Overview
Pillar Point Harbor aerial view CC – BY SA Robert CampellPD Image from Wikimedia
DMCA Basics – Safe Harbor
Who is protected by the safe Harbor?
DMCA Basics – Safe Harbor
How to qualify statutory definition of a “service provider.” +
Registered Agent
DMCA IPS #1
Service provider CANNOT
have actual or “constructive” knowledge of
infringing activity...
DMCA IPS #2
If the service provider has the right and ability to control the activity, then the service provider cannot receive financial benefit that’s “directly
attributable”
CC BY Faramarz Hasheml on Flickr
+ /=CC BY 2bgr8STOCK on Deviantart
DMCA IPS #3
must promptly respond to a “notice
and takedown request” of allegedly infringing material.
How do I use the DMCA
Be a tattle-cat. Protect your content. photocredit: The geniuses at Icanhascheezburger.com
How do I use the DMCA
Write the Takedown Request
DMCA Takedown Must haves
• identify the material that is allegedly infringing your copyright(s), and describe how to find that material
• provide information to enable the service provider to contact you
• state a of good faith belief that the service provider’s use is not authorized by law
• state that the information in the takedown request is accurate, and
• that you’re authorized to act to enforce the copyright.
DMCA Takedown
What if My Stuff is Taken Down?
How to file a counter-notice
DMCA statute:• The subscriber’s name, address, phone
number and physical or electronic signature • Identification of the material and its location
before removal • A statement under penalty of perjury that the
material was removed by mistake or misidentification
• Subscriber consent to local federal court jurisdiction
How to file a counter-notice
Other Options
Email Poster
Other Options
Sam Moore turned Obama into Grumpy Cat when he sent the then-presidential-hopeful a cease-and-desist letter, a more appropriate tool than a DMCA Request.
Kickstarter Policy
Fair Use Factors under § 107
Purpose and character of the useNature of the workThe amount & substantiality of portion usedThe effect of the use upon the potential
market/value of the work
Fair Use Factors under § 107
Best Practices?
PD image
PD image
cheeky
Credits
Most images are under open licenses or fair use
This Presentation is based on a 4 part series written for the WLA Blog Avalible at:
TheWLA.org/?s=dmca
Talk by Tim Blick, attorney with the Mann Law GroupSlides by Brian Rowe Under CC-BY