How to Avoid ISP Liability
Designate an agent to receive complaints., Download the registration form., Complete the form., Mail the form to the Copyright Office., Amend your registration, if necessary., Avoid gaining financial benefit from the infringement., Realize that you...
Step-by-Step Guide
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Step 1: Designate an agent to receive complaints.
When someone sees that their songs or novels have been pirated and posted on a website, they will want to complain to the ISP that is hosting the website.
You need to designate an agent to receive these complaints.
If you are a small business, then you will probably be the agent.
The U.S.
Copyright Office will host a directory of agents.
You will need to register your agent with the directory. -
Step 2: Download the registration form.
The Copyright Office publishes a template that you can complete to designate your agent.
It is available at http://copyright.gov/onlinesp/agent.pdf in PDF format.
Visit the website and type in your information.
You can also print off the form and enter the information with a typewriter. , Before completing the form, gather all necessary information.
This way, you can complete the form in one sitting.
You will need the following information:the ISP’s full legal name every other name you do business under the ISP’s address full address of the designated agent the agent’s phone and fax number the agent’s email address the date the signature of an officer or representative for the ISP , Once you have completed the form, make a copy for your records.
Mail the completed form to:
U.S.
Copyright Office, Designated Agents, P.O.
Box 71537, Washington, DC 20024-1537.
Remember to include a check for your fees.
It costs $105 to register an agent for your ISP.
You also will need to pay additional fees to register the agent for your alternate business names.
You must pay $35 for up to ten alternate business names.
Make your check payable to the “Register of Copyrights.”, You might change your agent at some point in the future.
For example, an employee might leave your business or you might merge with another company and need only one agent.
In this situation, you can download a form from the U.S.
Copyright office to change your agent.The form is available at http://copyright.gov/onlinesp/agenta.pdf.
This form asks for the same information as the other form and can be mailed to the address listed on the form.
Also include your check, payable to the “Register of Copyrights.” It costs $105 to change the agent and an additional $35 if you have up to 10 alternate business names. , You cannot seek safe harbor protection if you deliberately host infringing content and gain financial benefit.For example, you cannot knowingly host infringing work and get a benefit such as people buying versions of an e-book that has been pirated. , The purpose of the safe harbor provision is to relieve ISP’s of the responsibility for affirmatively monitoring their subscribers.
You have no obligation to try to find out on your own whether a subscriber is committing copyright infringement.
However, you also can’t get safe harbor protection if you have actual knowledge of copyright infringement.Should you become aware that infringing material has been posted on your network, you should remove it—regardless of whether the copyright holder notifies you. , When someone sees their pirated work on a website, they will find the ISP that is hosting the website and then search for that ISP’s registered agent.
The person can then send a takedown notice to the ISP agent.
In this notice, the person will identify the infringing work that appears on your network and include their contact information.
The notice should also state that the person is complaining in “good faith” and that the information is accurate “under penalty of perjury.” It also must contain a signature of the copyright holder or the person’s authorized agent., Federal courts disagree about what happens if someone sends an imperfect takedown notice.
For example, someone might include all information except for a statement that they are filing in good faith.
Some courts have said that you can ignore imperfect notices, while other courts have said that the notice only needs to “substantially comply” with the requirements.To protect yourself, you should take all notices received seriously.
If you can identify the content they are referring to, then take it down and follow up with the subscriber.
If you can’t identify what content is allegedly infringing, then ask the person who filed the takedown notice for more detail. , You will not be liable for copyright infringement as an ISP if you immediately remove the content or otherwise block the subscriber who uploaded it.Come up with a policy where you review any takedown notices first thing in the morning or as the last thing before you go home.
This way, you will get in the habit of addressing possible infringement issues in a timely manner.
You need to adopt a “take down first, ask questions later” attitude.
Admittedly, some claims of copyright infringement will be false.
Some people will send takedown notices simply to harass a competitor.
However, to protect yourself, you need to first take the content down. , The DMCA also requires that you have policies in place for terminating the subscriber’s account.After you take the content down, you should contact the subscriber who posted it.
Ask the person to show you proof of their copyright.
If the subscriber can show you proof of their copyright, then you do not need to terminate the infringer’s account.
You can also put the content back up.
Ideally, the subscriber will be able to produce proof of copyright registration. -
Step 3: Complete the form.
-
Step 4: Mail the form to the Copyright Office.
-
Step 5: Amend your registration
-
Step 6: if necessary.
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Step 7: Avoid gaining financial benefit from the infringement.
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Step 8: Realize that you do not have to monitor your ISP.
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Step 9: Respond promptly to any “takedown” notices.
-
Step 10: Treat imperfect takedown notices seriously.
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Step 11: Remove the content immediately.
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Step 12: Terminate the infringer’s account
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Step 13: if necessary.
Detailed Guide
When someone sees that their songs or novels have been pirated and posted on a website, they will want to complain to the ISP that is hosting the website.
You need to designate an agent to receive these complaints.
If you are a small business, then you will probably be the agent.
The U.S.
Copyright Office will host a directory of agents.
You will need to register your agent with the directory.
The Copyright Office publishes a template that you can complete to designate your agent.
It is available at http://copyright.gov/onlinesp/agent.pdf in PDF format.
Visit the website and type in your information.
You can also print off the form and enter the information with a typewriter. , Before completing the form, gather all necessary information.
This way, you can complete the form in one sitting.
You will need the following information:the ISP’s full legal name every other name you do business under the ISP’s address full address of the designated agent the agent’s phone and fax number the agent’s email address the date the signature of an officer or representative for the ISP , Once you have completed the form, make a copy for your records.
Mail the completed form to:
U.S.
Copyright Office, Designated Agents, P.O.
Box 71537, Washington, DC 20024-1537.
Remember to include a check for your fees.
It costs $105 to register an agent for your ISP.
You also will need to pay additional fees to register the agent for your alternate business names.
You must pay $35 for up to ten alternate business names.
Make your check payable to the “Register of Copyrights.”, You might change your agent at some point in the future.
For example, an employee might leave your business or you might merge with another company and need only one agent.
In this situation, you can download a form from the U.S.
Copyright office to change your agent.The form is available at http://copyright.gov/onlinesp/agenta.pdf.
This form asks for the same information as the other form and can be mailed to the address listed on the form.
Also include your check, payable to the “Register of Copyrights.” It costs $105 to change the agent and an additional $35 if you have up to 10 alternate business names. , You cannot seek safe harbor protection if you deliberately host infringing content and gain financial benefit.For example, you cannot knowingly host infringing work and get a benefit such as people buying versions of an e-book that has been pirated. , The purpose of the safe harbor provision is to relieve ISP’s of the responsibility for affirmatively monitoring their subscribers.
You have no obligation to try to find out on your own whether a subscriber is committing copyright infringement.
However, you also can’t get safe harbor protection if you have actual knowledge of copyright infringement.Should you become aware that infringing material has been posted on your network, you should remove it—regardless of whether the copyright holder notifies you. , When someone sees their pirated work on a website, they will find the ISP that is hosting the website and then search for that ISP’s registered agent.
The person can then send a takedown notice to the ISP agent.
In this notice, the person will identify the infringing work that appears on your network and include their contact information.
The notice should also state that the person is complaining in “good faith” and that the information is accurate “under penalty of perjury.” It also must contain a signature of the copyright holder or the person’s authorized agent., Federal courts disagree about what happens if someone sends an imperfect takedown notice.
For example, someone might include all information except for a statement that they are filing in good faith.
Some courts have said that you can ignore imperfect notices, while other courts have said that the notice only needs to “substantially comply” with the requirements.To protect yourself, you should take all notices received seriously.
If you can identify the content they are referring to, then take it down and follow up with the subscriber.
If you can’t identify what content is allegedly infringing, then ask the person who filed the takedown notice for more detail. , You will not be liable for copyright infringement as an ISP if you immediately remove the content or otherwise block the subscriber who uploaded it.Come up with a policy where you review any takedown notices first thing in the morning or as the last thing before you go home.
This way, you will get in the habit of addressing possible infringement issues in a timely manner.
You need to adopt a “take down first, ask questions later” attitude.
Admittedly, some claims of copyright infringement will be false.
Some people will send takedown notices simply to harass a competitor.
However, to protect yourself, you need to first take the content down. , The DMCA also requires that you have policies in place for terminating the subscriber’s account.After you take the content down, you should contact the subscriber who posted it.
Ask the person to show you proof of their copyright.
If the subscriber can show you proof of their copyright, then you do not need to terminate the infringer’s account.
You can also put the content back up.
Ideally, the subscriber will be able to produce proof of copyright registration.
About the Author
Marie Ford
Creates helpful guides on cooking to inspire and educate readers.
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