DMCA Explanation

These terms are part of, and are incorporated by reference into, the Terms of Service.

 

mightylittlewebsites.com (“MLW”) DMCA Explanation.

Many customers and visitors to our customers’ sites have questions about the Digital Millennium Copyright Act, or DMCA. We’ve prepared this guide to help answer these questions. This guide doesn’t take the place of, or supplement, our contracts, or act as a definitive guide to the DMCA. We’re simply providing a place to answer some common questions. You should always contact a qualified professional if you have any legal questions about the DMCA or copyright issues.

 

1. Overview.

The DMCA limits web hosts’ liability for vicarious and contributory copyright infringement when their users infringe a third party’s copyright. The penalties for knowingly engaging in vicarious copyright infringement can be up to three times the damages caused by the infringement. However, if a web host follows the procedures set out in the DMCA, they are not liable for their customer’s copyright infringement. This is referred to as “Safe Harbor.” Web hosts are also not responsible for actions they take based on notifications they receive that are in compliance with the DMCA. Accordingly, it is in MLW’s business interests to follow the procedures of the DMCA.

 

2. The Process.

Web hosts, entities providing notice of copyright infringement, and the targets of those notices are required to meet very strict criteria set out in the DMCA. These guidelines are here: http://www.copyright.gov/title17/92chap5.html#512.

These criteria are not negotiable, and cannot be varied by the participants in the process. What this means is that MLW cannot take into account any traditional defenses to copyright infringement like “fair use” or “public domain.” Nor can MLW vary the criteria required of DMCA notices or responses. While MLW values reasons why it should vary its procedures, the DMCA does not provide MLW the flexibility to do so.

 

3. Our Position.

MLW recognizes that the DMCA is an imperfect law, and that the DMCA may have been used for purposes possibly not intended by Congress. To the extent possible given its corporate and legal obligations, MLW attempts to mitigate these uses for its customers. The fact is, however, that the DMCA provides very little room for MLW to take these actions. For this reason, MLW encourages those who feel that the DMCA has been used for inappropriate purposes to contact their legislators and let them know how their business has been affected.

 

4. Copyright Violations.

If you believe a copyright violation has occurred within the DMCA criteria, please contact our designated agent for receipt of DMCA complaints:

George W. Moxon II
Attention: MLW DMCA Notices
110 W. Streetsboro Street
Suites L9, L11-L13
Hudson, Ohio 44236
Phone: 330-653-3113
Fax: 330-653-3117
Email: mlwnotices@moxonlaw.com

 

Further Reading:

  1. Digital Millennium Copyright Act
  2. The Electronic Frontier Foundation