What protection is afforded under the Digital Millenium Copyright Act?

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What protection is afforded under the Digital Millenium Copyright Act?

I have a website that I created that any person can upload a digital file and sell it. If the file the user uploads and sells is under copyright then am I still protected under the DMCA? Should i speak with an intellectual property rights attorney? In Lake County, IL.

Asked on October 28, 2010 under Business Law, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, I would speak with an attorney familiar with copyright infringement and the amendment to the copyright law that created the Act.  It may limit your liability if you comply with the requirement that the service provider designate an agent to receive notifications of claimed infringement by providing contact information to the Copyright Office and by posting such information on the service provider’s website in a location accessible to the public. The provision of information to the Copyright Office about the service provider’s designated agent is a condition for reliance on the limitations on liability for service providers. Protect yourself from the outset and seek legal help with complying with the requirements of the act.  Good luck.


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