Written by attorney Steve C. Vondran

DMCA Notice and Counter Notification explained by Attorney Steve®

In this video Attorney Steve® the Copyright Infringement Lawyer, explains how the DMCA law works in the United States. This is general legal information only and not legal advice. Basically the DMCA stands for the Digital Millennium Copyright Act. The law allows online service providers to provide a "designated agent" for takedown notices (when a copyright holder or their agent believes there is online infringement of books, music, photographs, images, film, video, music clips, beats, etc.). The law also prohibits "anti-circumvention" and trying to get around technical measures to protect intellectual property. The law provides a "notice" and "counter-notice" procedure which also has a federal lawsuit component to it (usually requiring a lawsuit to be filed in federal court if a counter-notification is filed). Check the rules on the website you are dealing with (ex Facebook, Twitter, eBay, Etsy, Amazon or other websites to learn more about their own particular policies, but most sites will have a version of the DMCA process that must be followed. By having the notice and takedown provision, and repeat offender policy, online service providers can get "safe harbor" (meaning they cannot be sued for copyright or trademark infringement online).

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