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