Under the Digital Millennium Copyright Act (“DMCA”) any website that allows site users to post content, including anything such as comments, reviews or videos is considered a “Service Provider.” A Service Provider is potentially exposed to copyright infringement liability based on content posted by site users. However, the DMCA also offers a Safe Harbor that, under certain conditions, can insulate Service Providers from third-party copyright infringement claims based on such user-generated content.

To qualify for protection under this Safe Harbor, the Service Provider must meet certain conditions:

  1. the Service Provider must not know about or participate in the infringing conduct and cannot benefit from that infringement;
  2. the Service Provider must promptly remove any infringing content once it discovers same, either on its own discovery or by notice from a third-party; and,
  3. to qualify for the Safe Harbor, a Service Provider must designate an agent to receive notice of copyright infringement claims and must register the identity of that agent with the U.S. Copyright Office.

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Continue Reading Important Action All Website Owners Should Take As Soon As Practical

Flickr Diet BosEvery entrepreneur knows that a key piece of success is a strong and identifiable brand. Because much thought, effort and money goes into branding and so much success rests on it, it is important to ensure you can own, use, and protect that brand. This article addresses some basic intellectual property considerations entrepreneurs and startups should keep in mind from the beginning.

Copyright

Brand creation may involve a number of people including both employees and outside consultants such as ad agencies and designers. Their output, including potential product names, website copy, strategic reports, etc., is likely something they could claim copyright in. While these people can provide valuable creative input and direction, unless proper precautions are taken in the beginning, you might not end up owning what they create. Continue Reading Image is Everything – Make Sure You Own and Can Use Your Brand Identity