Digital Millennium Copyright Act: Title II
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We know that finding all of your Intellectual Property on just a single filesharing or braindump website is a daunting task. You may have the internal resources to do this once or twice, but there are hundreds, if not thousands, of websites out there that could possibly be infringing on your copyrights.
CertGuard can help you find your content on any website or multiple websites designated by you. Before you file a DMCA complaint against a website for infringing on your copyrighted materials, wouldn't it be nice to make sure that you get it all? Did you know that when you send a DMCA complaint to a website, they will only remove the infringing materials that you point out to them and that they're not going to find any more of it for you? And if you happen to find more, you will have to file subsequent complaints to have that material removed. Let us take the time to find all of it for you the first time.
Who does CertGuard provide this service to?
Our service is designed to help two groups of people: Certification Vendors that are making an attempt at getting their Intellectual Property off the internet, and Practice Test Providers that have found their content being shared illegally on filesharing and torrent websites.
What exactly does CertGuard do?
CertGuard handles the research involved in FINDING your Intellectual Property. Nothing more, nothing less. You provide us with a website that you know is infringing on your copyrights and let us find all of your material. Simple as that! Once we have found all the infringing material, we present that information to you so that you can have your attorneys file the DMCA complaint against the infringing website.
What if I don't have an attorney?
CertGuard works with outside legal counsel that specializes in Internet Piracy, Trade Secrets, Intellectual Property, and other "cyber-crimes". If you don't have an attorney, we will put you in contact with a team of lawyers that should be able to handle your case.
Basically, the DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you honestly believe that materials hosted on a website infringe your copyright, you (or your agent) may send a notice requesting that the offending content be removed or blocked from public access. Conversely, If you believe that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. For more information on the DMCA see The United States Copyright Office/Library of Congress for details.
| Appendix B: The Digital Millennium Copyright Act of 1998 | |
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If it is indeed your Intellectual Property and you are the copyright holder (or a representative of) that is being infringed, you can file a complaint against the infringing website.
If you falsely represent the copyright holder or the Intellectual Property you're claiming to have copyrights over, you may be held liable for any or all damages incurred as a result of the removal or blocking of the material, court costs, and/or attorneys fees.
In other words, IF YOU DON'T OWN, OR HAVE AUTHORITY ON BEHALF OF, THE LEGAL COPYRIGHT HOLDER, DON'T FILE A DMCA COMPLAINT.
What you'll need to do is Print, complete, and FAX the following document to us. Please give us 24-48 hours to get back with you.
