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Digital Millennium Copyright Act: Title II
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Updated: 11/20/2008
What is the DMCA, what does it mean?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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Ok, I have a DMCA complaint, how can CertGuard help?
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 by scanning the websites we monitor on a daily basis. 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?- We handle the research involved in finding your Intellectual Property.
- We obtain the contact information of all the offending websites distributing your IP without your consent.
- We contact the individuals involved in presenting the information.
- We write and deliver the DMCA Notice to parties involved in the Infringement.
- We will do anything within our power to have All of your Intellectual Property removed from ALL infringing websites we know of.
Would you visit a doctor for a common cough? Well, not unless you're worried about pneumonia, you won't. To be honest, an attorney at this level is overkill. If you haven't filed a DMCA Notice with the infringing website, then you would only be paying an attorney to do the same thing we do. Now, if the cough were to progress (i.e. the DMCA Notice fails to get their attention), then yes it may benefit you to consult an attorney.
But, what if I don't have an attorney?CertGuard does work 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 that can handle your case at a reasonable cost.
Couldn't I just file the DMCA complaint?If it is indeed your Intellectual Property and you are the copyright holder (or a representative of) that is being infringed, then yes, you can file a complaint against the infringing website.
What can happen if I falsely file a DMCA complaint?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. We understand how frustrating it can be to see someone else's copyrighted work on the internet, but if it isn't yours, then you don't need to deal with it. Let the owners take care of it; if anything, email the owners of the IP to let them know it's available, they may just thank you.
What does a service like this cost?- Base Cost: $149.95 - This starts with our basic IP Monitoring Service so we know where your IP is. Once we've found your IP, we will start researching the websites and collecting information on the owners and affiliates of the websites..
- Additional IP Monitoring Reports: $9.95 each
- Official DMCA Notifications: 3 included in the Base Cost.
- Additional Notifications: $24.95 each
* VIP Partners, take 50% off.
What you'll need to do is Download, complete, and email the following document to us. All the information is on the document. Please give us 24-48 hours to get back with you. PDF: CertGuard DMCA Notice Agreement
