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Old 03-26-2012, 01:05 PM  
Garfields
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Join Date: Mar 2012
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DMCA Questions and Assistance

I am currently developing a service that will require my company to register a DMCA Agent with the US Copyright Office, and comply with the DMCA regulations to acquire safe harbor protection from user-generated content. However I am not an American citizen, and therefore my company will be registered outside of the US.

Therefore I am wondering whether someone on this forum have experience dealing with the DMCA, know what it entails, and are willing to share what they know?

I have been reading a lot of information online regarding the DMCA, as well as spoken to several lawyers. However, the information provided online does not offer a substantial insight into the act itself, neither does it answer the questions I have. As for the lawyers, they are not willing to offer any advice before paying their huge hourly fees, which I cannot afford due to being a startup.

From what I have gathered, one needs to register a DMCA Agent with the US Copyright Office, write and publish a DMCA policy notice on ones website, and respond promptly to correctly filed DMCA notices that the company receives. I am also aware that an alleged infringer can make a counterclaim on the DMCA takedown notice, which then would require the company to restore the information (if the claim is legit) within a timeframe of about 2 weeks.

Is there anything else that I should know that is vital to comply with the DMCA, and for those of you with experience in this matter, is acting as a DMCA agent something one can handle oneself, or would a lawyer to act on ones behalf be required?

Last edited by Garfields; 03-26-2012 at 01:09 PM..
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