It is important to understand Copyright Registration and Online Infringement if you are an author, designer, or creator of original music, lyrics, designs, and more. What happens when you see your creation being distributed by a third party on a social media site? Fortunately, the Copyright Law allows the owners of copyrights to take remedial action by sending a DMCA take down notice to the social media host.
What Can Be Done To Fight Online Infringement?
The Copyright statute provides that a copyright owner who believes that the work published online is infringing, can send a Takedown Notification Letter to the Web host. Once the Web host receives the Takedown notice, it is on notice and is required to remove the infringing material. The Website must also send a notice to its customer explaining the reason for removing the allegedly infringing content based on the DMCA takedown notice that it has received. The customer has two options. Either it decided to not respond, which in that event the content would remain inaccessible online, or send a Counter-Notification Letter claiming non-infringement. It is important that both the copyright owner and the customer provide all the information required by the statute in their respective Takedown and Counter-Notification letters and to make sure that all facts provided are accurate and not misleading.
The submittal of the Counter-Notification letter throws the ball back to the copyright owner’s court. The copyright owner after receiving the Counter notice can do nothing, which in that event, the Website would put back the removed content online. Otherwise, the copyright owner must file a lawsuit within 10-14 days against the alleged infringer to keep the content offline. The content would remain offline during the pendency of the lawsuit.
Copyright Registration Helps Protect Your Work
The problem with the 10-14 days rule is that if the copyright owner wants to keep the infringing work offline the lawsuit must be filed in that time period. However, in majority of federal court jurisdictions in the US, a copyright lawsuit cannot start without a registered copyright. It is quite unlikely to obtain a registration from the US Copyright office within that time period, even if the copyright owner is willing to spend an additional $800 to expedite the registration process.
Therefore most experts recommend that copyright owners register their important work as soon as possible. The key benefits of copyright registration is the ability to file a lawsuit immediately, along with the ability to collect attorneys’ fees, statutory damages (up to $150,000), and to get DMCA protections. Using the services of www.CopyCatchlaw.com, there is no excuse not to register your copyrights in a timely manner.