GoFuckYourself.com - Adult Webmaster Forum - View Single Post - Three FREE and easy - Steps To Avoid/Reduce Copyright Infringement Claims

garutch · 07-16-2009, 11:59 AM

Webhosts:

Did you know that you can significantly reduce your risk from a copyright infringement suit for monetary damages or an injunction? Crazy thing is that many webmasters don't do these things...

The choices your customer's make re content could cause serious economic hardship if you do not have these three things in place.

On top of this email, we are offering TWO free hours of advice for you to get to know us. I will not step on the toes of your other counsel and will respect your prior relationships. We play well with others.

In addition to these three simple steps, we are offering TWO free hours of legal work so that you can better get to know us. You may already know us by our book "Entre-Por-Neur" available for download. Google it.

FREE ADVICE FOR WHAT IT IS WORTH

1) Designate an Agent. Your liability as an ISP or OSP for copyright infringement REQUIRES you to designate an agent to receive notifications of claimed infringement. You MUST have this designation on your web site AND you must provide contact info to the Copyright Office. Don't believe me check copyright.gov

Without this information YOU WILL LOSE DMCA insulation. For example, if you state on your website that you have a DMCA agent and then fail to register it, you're SOL.

Here's how:

Step 1: Fill out the required form. See at the copyright.gov web site or ask me. I'll email it to you for FREE.
Step 2: File form with Copyright office with $80 check.
Copyright GC/I&R
P.O. Box 70400
Washington, DC 20024

Step 3: Include DMCA designated agent info conspicuously on your web site.

2) Implement a "reasonable policy" of terminating repeat infringers. To receive DMCA insulation, you MUST have a policy of terminating repeat infringers. Your TOU and AUP's must clearly set forth how and when termination occurs for repeat infringers. Most TOU's and AUP's simply terminate for email or spamming. Without a reasonable policy under the DMCA, you have a fatal flaw that MUST be corrected.

3) DMCA take down procedure. What you do when you receive a DMCA take down is critical. Do you have a process?

If you get a subpoena or a notice of a claim and are sued, these three questions could mean the difference between your spending tons of money defending yourselves OR not.

Lastly, check your insurance policies. Sometimes you have coverage for advertising injury that includes copyright or trademark. It could be in your commercial general liability policy or you could be eligible to purchase a cyberliability policy.

Since this is free legal advice, I'd always urge you to check with your own counsel before making any legal decisions. Afterall, we don't represent you yet.

Feel free to call me if you'd like to take advantage of these few hours designed to reduce your risk. Maybe we can help.

______________
Gregory Rutchik
日本語でどうぞ
Attorney at Law
Complex Business Litigation and Contract Negotiation
9320 Wilshire Blvd, Suite 306
Beverly Hills, CA 90212
Tel. 1888-399-9007
FAX. 1310-861-1804

07-16-2009, 11:59 AM
garutch Registered User Join Date: Jan 2004 Location: Bay Area Posts: 12	Three FREE and easy - Steps To Avoid/Reduce Copyright Infringement Claims Webhosts: Did you know that you can significantly reduce your risk from a copyright infringement suit for monetary damages or an injunction? Crazy thing is that many webmasters don't do these things... The choices your customer's make re content could cause serious economic hardship if you do not have these three things in place. On top of this email, we are offering TWO free hours of advice for you to get to know us. I will not step on the toes of your other counsel and will respect your prior relationships. We play well with others. In addition to these three simple steps, we are offering TWO free hours of legal work so that you can better get to know us. You may already know us by our book "Entre-Por-Neur" available for download. Google it. FREE ADVICE FOR WHAT IT IS WORTH 1) Designate an Agent. Your liability as an ISP or OSP for copyright infringement REQUIRES you to designate an agent to receive notifications of claimed infringement. You MUST have this designation on your web site AND you must provide contact info to the Copyright Office. Don't believe me check copyright.gov Without this information YOU WILL LOSE DMCA insulation. For example, if you state on your website that you have a DMCA agent and then fail to register it, you're SOL. Here's how: Step 1: Fill out the required form. See at the copyright.gov web site or ask me. I'll email it to you for FREE. Step 2: File form with Copyright office with $80 check. Copyright GC/I&R P.O. Box 70400 Washington, DC 20024 Step 3: Include DMCA designated agent info conspicuously on your web site. 2) Implement a "reasonable policy" of terminating repeat infringers. To receive DMCA insulation, you MUST have a policy of terminating repeat infringers. Your TOU and AUP's must clearly set forth how and when termination occurs for repeat infringers. Most TOU's and AUP's simply terminate for email or spamming. Without a reasonable policy under the DMCA, you have a fatal flaw that MUST be corrected. 3) DMCA take down procedure. What you do when you receive a DMCA take down is critical. Do you have a process? If you get a subpoena or a notice of a claim and are sued, these three questions could mean the difference between your spending tons of money defending yourselves OR not. Lastly, check your insurance policies. Sometimes you have coverage for advertising injury that includes copyright or trademark. It could be in your commercial general liability policy or you could be eligible to purchase a cyberliability policy. Since this is free legal advice, I'd always urge you to check with your own counsel before making any legal decisions. Afterall, we don't represent you yet. Feel free to call me if you'd like to take advantage of these few hours designed to reduce your risk. Maybe we can help. ______________ Gregory Rutchik 日本語でどうぞ Attorney at Law Complex Business Litigation and Contract Negotiation 9320 Wilshire Blvd, Suite 306 Beverly Hills, CA 90212 Tel. 1888-399-9007 FAX. 1310-861-1804 __________________ SIG TOO BIG! Maximum 120x60 button and no more than 3 text lines of DEFAULT SIZE and COLOR. Unless your sig is for a GFY top banner sponsor, you may use a 624x80 instead of a 120x60. Let me repeat... A 120 x 60 button and no more that 3 lines of DEFAULT SIZE AND COLOR text.