dmca kickstarter cle @ seattle univeristy law w/ tim bilick

Download Dmca Kickstarter CLE @ Seattle Univeristy Law w/ Tim Bilick

Post on 29-Jun-2015




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Session 1 - Kickstarter, Terms of Use, and the DMCA (Digital Millennium Copyright Act) Tim Billick,


  • 1. DMCA and KickstarterPITFALLS ANDTim Billick is an attorney with the Mann Law GroupSeattle, WA.

2. DMCA Basics - OverviewPillar Point Harbor aerial view CC BY SA Robert CampellPD Image from Wikimedia 3. DMCA Basics Safe HarborWho is protected by the safe Harbor? 4. DMCA Basics Safe HarborHow to qualifystatutory definition of a service provider. +RegisteredAgent 5. DMCA IPS #1Service providerCANNOThave actual orconstructiveknowledge of infringingactivity... 6. DMCA IPS #2If the service provider has the right and ability tocontrol the activity, then the service provider cannotreceive financial benefit thats directly attributableCC BY FaramarzHasheml on Flickr+ /=CC BY 2bgr8STOCKon Deviantart 7. DMCA IPS #3must promptlyrespond to a noticeand takedown requestof allegedly infringingmaterial. 8. How do I use the DMCABe a tattle-cat. Protect your content.photocredit: The geniuses at 9. How do I use the DMCAWrite the Takedown Request 10. DMCA Takedown Must haves identify the material that is allegedly infringing yourcopyright(s), and describe how to find that material provide information to enable the service provider tocontact you state a of good faith belief that the service providers use isnot authorized by law state that the information in the takedown request isaccurate, and that youre authorized to act to enforce the copyright. 11. DMCA Takedown 12. What if My Stuff is Taken Down? 13. How to file a counter-noticeDMCA statute: The subscribers name, address, phone number andphysical or electronic signature Identification of the material and its location beforeremoval A statement under penalty of perjury that thematerial was removed by mistake ormisidentification Subscriber consent to local federal court jurisdiction 14. How to file a counter-notice 15. Other OptionsEmailPoster 16. Other OptionsSam Moore turned Obama into Grumpy Cat when he sent thethen-presidential-hopeful a cease-and-desist letter, a moreappropriate tool than a DMCA Request. 17. Kickstarter Policy 18. Fair Use Factors under 107 Purpose and character of the use Nature of the work The amount & substantiality of portion used The effect of the use upon the potential market/valueof the work 19. Fair Use Factors under 107 20. Best Practices?PD imagePD image 21. CreditsMost images are under open licenses or fair useThis Presentation is based on a 4 part series written for the WLA Blog Avalible by Tim Blick, attorney with the Mann Law GroupSlides by Brian Rowe Under CC-BY