A question I am often asked is how to stop someone from
copying original photos, videos, musical recording, text or design and posting
it on a website or YouTube.
DMCA Take Down Notice
If the Work is Created
by a Consultant or Contractor
If the work is created by a paid consultant or contractors,
your attorney may be able to draft an assignment of the copyright to you or
your company. This attorney call also draft
a written agreement that makes your company the owner of the copyright and
intellectual property that consultants and contractors create.
What Does the Take Down
Notice have to Say?
The notice has to identify the infringing material and state
its web page location (URL). It also has
to be addressed to the registered copyright agent for the hosting company. Your copyright attorney can find the name of
the website hosting company and the name of its registered copyright agent.
What is the Catch?
You and your copyright attorney must have a good faith belief
that the work requested to be taken down is infringing your work. Also, the law requires that if the copy is a
“Fair Use” under the copyright law, you may be liable to the owner of the copied
work for any damages from removal of the work.
Your copyright attorney must thus make an evaluation of the potential a
court will find the copy is a “Fair Use”.
