robojay10
12-20-2005, 07:40 PM
Hello, I know none of us are lawyers but maybe someone has experience with the following question:
Am I, as the web hosting provider liable for one of my customers broadcasting an event that a major broadcaster has exclusive rights to? I have received a letter from this broadcaster's lawyers asking for the immediate removal of the event.
My dilemma is do I ask the website to remove the event in question, or do I terminate their account entirely? They broadcast multiple events opn their site, it just so happens that one in particular has exclusive rights.
I am concerned that this will not be the last time a receive this letter if I let them stay.
Thanks.
Joseph_M
12-20-2005, 09:46 PM
You have been protected up til now by the DMCA, however you now MUST take steps to remove the material.
I'd strongly advise you to suspend the account immediately.
HostNetway
12-20-2005, 11:06 PM
Read this... It's important that you take this seriously.
http://www.utsystem.edu/ogc/intellectualproperty/dmcaisp.htm
JustinH
12-21-2005, 02:22 AM
The page posted is for Universities but it works quite well, and covers nearly every aspect of the DMCA in an easy language to understand. The page clearly states that notifying the user for voluntary take-down is the initial step, which I agree with. I have the template for the letter I sent to clients, and anyone is welcome to use it:
[Salutation]
We have recently received a letter alleging a copyright infringement under the Digital Millennium Copyright Act of 1998 (DMCA) by COPYRIGHT HOLDER (Complainer) [via LAW OFFICE]. As a result, MY COMPANY (Company) respectfully requests that you temporarily disable access to the copyrighted material located at URL, within 72 hours of receiving this notice. Failure to remove said content from Company servers, within the allowed time period, will result in removal of the content in question and may result in the removal of your account from our servers.
If you feel that this allegation is in error, you may respond with a counter-notice to Company with the following information:
1.A physical signature of the page owner, or a legal agent of page owner.
2.A description of the material in question, and its location prior to removal.
3.A written statement by the page owner that the content was removed by mistake, or that the content was misidentified by Complainer.
4.The page owners name, physical address, phone number and a consent to jurisdiction of the proper Federal District Court.
5.A statement affirming that page owner, or an agent appointed by page owner, will accept services of process from Complainer.
Upon removal of the content in question, and Company receiving a properly formatted counter-notice, Company will respond to Complainer with the counter-notice and notice to Complainer that content will be reinstated within 10-14 business days. If at any time Company receives a notice of action seeking court order to remove content in question, Company will immediately remove said content, and will not reinstate said content, without a court order to do so.
Company appreciates your patience and compliance in this matter.
Signed,
SIGNATURE OF COMPANY REP (scan works)
Company
Remember you CAN be held liable for damages to clients, if your actions were not in accordance with the law. So read, re-read, then read again the section entitled "Evaluate the notice." Disabling accounts is typically a bad way to do it, especially if it turns out the content in question was, in fact, fair use (in which case you could be liable for damages).