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