I have a web site where users may share game content. I have also registered as a service provider agent at http://www.copyright.gov/onlinesp/list/a_agents.html
I will be creating a web form where copyright owners may submit DMCA takedown notices. May I reject those notices that include obviously invalid contact information? This would include invalid email address or invalid postal address?
To validate the email address I would send an email that would include a link to click. To validate the postal address I would use an address validation service, one example is https://www.usps.com/business/web-tools-apis/address-information.htm
Retain a lawyer to review your plans and your form. This will be one of those situations where you will save a lot of money in the long run by having a consultation rather than hiring a lawyer to defend a copyright suit. Also, contact an insurance agent and get a price for insurance that will cover intellectual property claims.
You should just ask them for corrected information. Rejecting and ignore ring the notice will probably take you out of the safe harbour provisions and you will be liable and expose to a copyright infringement suit and statutory damages. Speak with an experience copyright attorney.
Mr. Sack's postings on Avvo are of a general nature, based on the facts provided and are not intended to be taken as legal advice or to establish an attorney-client relationship.
You must follow the law exactly to receive the benefits of the DMCA safe harbor protection. You also will need to draft the necessary disclaimers, etc. and warnings. I strongly urge you to hire an attorney if not to draft the necessary language to at least review whatever you have drafted.
Good question. I don't think a service provider may impose, consistent with 17 U.S.C. section 512(c), the requirement that a DMCA takedown notice sender check his email address and then respond to a service provider's email request to verify that the sender really sent the notice. I think the service provider must "expeditiously remove" the identified material first and THEN, if the provider believes the sender's contact information is inaccurate, inquire into the accuracy of that information. Same thing with snail mail addresses: compliance first, then investigation, then, in consultation with counsel, rejection of any subsequent notices. Speak with your own copyright attorney, of course, because Section 512(c) can get tricky. Good luck.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.
You received some good info here. I too agree that doing what you propose certainly exposes you. There can be any number of reasons why one's email may appear to be invalid for example. This has nothing to do with whether the content they complain of is actually infringing. Should an action be taken and it was shown that you were not in compliance then you can be held liable along with the infringer. There is no "but the email got kicked back defense" that I am aware of.
I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.
DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed with the law firm of Natoli-Lapin, LLC on the basis of this posting.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline