http://www.stephanspencer.com/?disp=comments en-US http://backend.userland.com/rss 60 Fri, 21 Nov 2008 05:03:22 +0000 Peggi [Visitor] c826292@http://www.stephanspencer.com/ Hi... I have a few questions about take downs and I hope that you can answer my questions - or maybe point me to a place where I can find the answers. I want to file a take down notice - and I understand that I can be held liable for perjury if I am dishonest when I file. No problem there as I am the rightful owner of the copyright-protected artwork in question. But from what I understand, the copyright infringer can then simply file his own response to my complaint to the web host and - if I don't file an infringment lawsuit within 14 days of his response - then the web host has to put the site back up. Despite the fact that the infringer can be held liable for perjury if he responds dishonestly, he can still - in fact - respond dishonestly and hope that he doesn't get punished for perjury. So... my questions are... is it up to the host to determine who is telling the truth? If I can't afford to hire a lawyer over this infringement, and the infringer knows this, he can simply lie and take the chance that he'll get away with it. If that's the case, then it seems to me that the DMCA isn't going to protect me - unless the host believes me and not the infringer. So does the host actually attempt to determine who is telling the truth? Or is that left to the courts to decide? <br /> <br /> I have registered the copyright to my work but I don't have the certificate back yet. I have read that it's not a requirement of the DMCA to register the work with the copyright office but that one can only sue for infringment on registered works. So... it might make sense for me to wait for the registration process to be complete before I do anything further about this infringement - but I was wondering if you know the answers to this question... is the work considered registered on the date that I register it or is it considered registered on the date that I received word from the copyright office that the registration is complete?
I have registered the copyright to my work but I don't have the certificate back yet. I have read that it's not a requirement of the DMCA to register the work with the copyright office but that one can only sue for infringment on registered works. So... it might make sense for me to wait for the registration process to be complete before I do anything further about this infringement - but I was wondering if you know the answers to this question... is the work considered registered on the date that I register it or is it considered registered on the date that I received word from the copyright office that the registration is complete?]]> http://www.stephanspencer.com/search-engines/what-you-need-to-know-about-the-dmca#c826292 Sun, 26 Nov 2006 13:20:17 +0000 Stephan Spencer [Member] c44358@http://www.stephanspencer.com/ Thanks Matt! I appreciate the kind words!<br /><br />Stephan
Stephan]]> http://www.stephanspencer.com/search-engines/what-you-need-to-know-about-the-dmca#c44358 Thu, 16 Nov 2006 06:49:40 +0000 Matt McGee [Visitor] c42185@http://www.stephanspencer.com/ Stephan - fantastic post. Great roundup of information and an immediate save to del.icio.us. Thanks for putting it together. http://www.stephanspencer.com/search-engines/what-you-need-to-know-about-the-dmca#c42185