In this episode (the finale), I discuss how to reduce the risk of your content being stolen so that you position yourself in the safest place possible.
First, learn how to use the DMCA offensively by understanding the takedown notice process. We’ve already discussed the elements. Remember: The best defense is a good offense. For sample "takedown notices," you can do a Google search for “takedown notice."
Second, protect yourself from a copyright infringement claim. Don't make yourself a target.
As obvious as this might sound, don’t use copyrighted content on your website. The temptation to use copyrighted images that are freely available online can be overwhelming, but resisting the urge at all costs.
By far, the most surprising development in the DMCA space is that it applies to comments posted on a website. In other words, if you allow users to post comments on your website, you should adhere to a strict DMCA compliance process to ensure immunity from claims in the event that a user infringes on a third party’s copyright by posting unauthorized content in the comments section of your site.
If you allow anyone to upload anything to your site, you should comply with the Digital Millennium and Copyright Act (DMCA). One critical aspect of DMCA compliance requires registering an agent with the copyright office. This is the individual who will receive copyright complaints arising out of content posted by users of your site. Google has one as well as Facebook. Everyone has one.
The agent must be registered with the copyright office. The U.S. copyright office has finally upgraded its registration system and brought it into the 21st century. It was once so antiquated that registration could only be done through snail mail. Thankfully, they launched an online DMCA agent registration system. It’s relatively simple to register and the fee is only $ 6 every three years.
On the registration form, list the name of the agent (it can be an independent agent or you, as the site owner); the street address (no P.O. Box allowed); a phone number; an email address for the site; and all of the site owner’s online properties.
If you work from home and are uncomfortable providing your home address, you can use a DMCA agent. This provides some privacy as the agent’s information is listed in lieu of yours. However, the business address must still be listed on the registration and if you keep a home office, having your home address published on-line for the entire world to see can be unnerving.
In limited circumstances, you can petition the copyright office and they may allow the site owner to substitute a P.O. Box for his or her home address.
If you are not registered, what are you waiting for? This is your ticket to taking advantage of the safeguards embedded in the DMCA. It’s like buying insurance and it costs a mere $ 6.
