My Dad the lawyer just told me that to protect myself as the host of a discussion forum and popular weblog, I really need to ensure that I have a DMCA Notice on my site. What’s that and how should I proceed.
Wow, your Dad’s a lawyer? I will refrain from any bad jokes, but … 🙂
Seriously, though, the DMCA is the Digital Millennium Copyright Act, and I’ve actually written about it before: What’s the Digital Millennium Copyright Act?
Once you’ve read that, you’ll understand what your Dad’s talking about, and y’know what? I think he’s probably correct.
I asked my pal Jim Kukral of ReveNews about this and he pointed me to his own DMCA Notice.
Here’s the most important idea here: the notice is a message to companies who are about to contact you for copyright violations because of what you or someone else on your site has said about their product, service or company.
Jim asks for the following, for example:
- 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 copyrighted work claimed to have been infringed, or, in the case of multiple copyrighted works, a representative list of such works.
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 ReveNews.com to locate the material.
- Information reasonably sufficient to permit ReveNews.com to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly in-fringed.
Hope that helps you out!