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Old 03-01-2012, 08:20 AM   #1
suckmehard
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How do you find out who owns a DMCA?

I have googled everything and can't find out. Seems like there would be a central list.
Any help would be appreciated.
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Old 03-01-2012, 08:26 AM   #2
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Look at the logo on the stolen content you are being asked to remove
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Old 03-01-2012, 08:29 AM   #3
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This question doesn't make sense.

Nobody "owns" a DMCA. DMCA is the "Digital Millenium Copyright Act"

Are you trying to ask who owns the content that has been DMCA'ed?
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Old 03-01-2012, 11:10 AM   #4
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Or possibly who sent the DMCA request? It should have to say within the request I think.
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Old 03-01-2012, 11:20 PM   #5
suckmehard
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Yes, I did not pose the question the right way Robbie. Site cliams a username/phrase/image has been DMCA registered. or, if you see an image on a site,and it has the DMCA copyright logo, how do you confirm it is registered? Plenty of info on how to do "takedowns"bbut almost nothing on a central registry of who copyrighted the image or phrase you are interested in. Thanks
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Old 03-01-2012, 11:40 PM   #6
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Look at the logo on the stolen content you are being asked to remove
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Old 03-02-2012, 12:28 AM   #7
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If YOU don't own it, take it down and save yourself the headache.
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Old 03-02-2012, 12:37 AM   #8
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If YOU don't own it, take it down and save yourself the headache.
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Old 03-02-2012, 12:47 AM   #9
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If YOU don't own it, take it down and save yourself the headache.
Bingo. The copyright doesn't have to be registered. What registration does is it means you are liable for automatic damages of $750 per hit. Without registration, you owe them actual damages. Either way, if it's not yours, take it down and get your own stuff. Photographers, artists, writers, etc. need to eat too and by illegally taking their work you are stealing from them. Pay them for their work, so they can eat and thus continue to make more stuff.

http://www.copyright.gov/title17/92chap5.html#504

If for some reason you needed to know who registered a copyright, or if they registered, you would search the copyright office at copyright.gov. Again, though, whether it's registered or not only affects how MUCH they sue you for. Theft is theft either way.

Last edited by raymor; 03-02-2012 at 12:50 AM..
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Old 03-02-2012, 01:17 AM   #10
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In the DMCA they have to state the following.

Quote:
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at http://lcweb.loc.gov/copyright/), Pornhub will respond expeditiously to claims of copyright infringement that are reported to Pornhub's designated copyright agent identified below. Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Pornhub reserves the right at its sole and entire discretion, to remove content and terminate the accounts of Pornhub users who infringe, or appear to infringe, the intellectual property or other rights of third parties.

If you believe that your copywriten work has been copied in a way that constitutes copyright infringement, please provide Pornhub's copyright agent the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Website;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Pornhub to locate the material;
Information reasonably sufficient to permit Pornhub to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
That should tell you whose content you have on your site or if you can tell the guy to
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Old 03-02-2012, 03:37 AM   #11
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Like Ghost said before, if you don't own it, remove it.
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Old 03-02-2012, 03:40 AM   #12
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There is a massively high % of bogus DMCA notices sent out, I think the OP is right to check.
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Old 03-02-2012, 03:44 AM   #13
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Quote:
Originally Posted by The Ghost View Post
If YOU don't own it, take it down and save yourself the headache.
Quote:
Originally Posted by DWB View Post
Like Ghost said before, if you don't own it, remove it.


If you're an honest business man then run an honest business

Last edited by ArsewithClass; 03-02-2012 at 03:45 AM..
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Old 03-02-2012, 04:00 AM   #14
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Look at the logo on the stolen content you are being asked to remove
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Old 03-02-2012, 07:13 AM   #15
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If you're trying to decide what takedown request is legit yourself, you're losing your safe harbor protection. To keep it you need to forward all DMCAs you get to your clients, if they file a counter notice, keep the links, if not delete them. That's all. If you're actually looking deeper into the dispute and save God deny a copyright holder a legit request because you believe they don't own copyright to the content in question, you're royally fucked. You're now a party (as opposed to non-party neutral service provider), they'll sue you for damages which could possibly amount to millions of dollars. To be on the safe side, just stick to the routing required by law - delete links if your client didn't file a counter notice, keep them if he did.
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Old 03-02-2012, 07:15 AM   #16
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more than 50% of DMCAs are bogus.
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Old 03-02-2012, 07:24 AM   #17
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Quote:
Originally Posted by ArsewithClass View Post


If you're an honest business man then run an honest business
Gary, half of all DMCA notices are lies.

Checking it is actually real is a good idea.

HTH.
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Old 03-02-2012, 07:49 AM   #18
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If you're trying to decide what takedown request is legit yourself, you're losing your safe harbor protection.


Better to just sign up to affiliate programs and use legit content.

If you have user uploads, your playing a risky game in these times.
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