For listeners of the Smart Passive Income podcast, following is a DMCA compliance guide. You should comply with the DMCA if you allow visitors to post anything to your site or app.
What is DMCA? Click to find out.
1. Select a DMCA Agent
Select a person to be the DMCA agent. The agent’s name, physical address, phone number, and email address will be made available to the public on your site or app and in an online database maintained by the Copyright Office. You can be the agent. If privacy is a concern, you can use a third-party agent service such as ours.
2. Register The Agent
Once you’ve selected an agent, you must register the person with the Copyright Office. An agent service will do it for you.
3. Post A DMCA Policy
You should post a DMCA Policy on your site or app. The policy provides copyright owners with guidance on how to submit a DMCA takedown notice. The policy should list the information for your agent and your business information. If you use a third-party agent, the service will provide you with the Policy.
4. Repeat Infringer Policy
Establish and enforce a repeat infringer policy. A standard policy is to terminate the account of individuals who have received three takedown notices they did not successfully contest in a two year period. Don’t skip this part of the DMCA compliance guide. Copyright owners often attack this area.
5. Comply with Takedown Notices
If your agent receives a takedown notice, you MUST pursue the following compliance timeline to maintain your immunity.
When your agent receives a DMCA complaint, make sure it contains the required information including the URL for the original copyrighted content, a URL for the offending content, and a required statement from the copyright owner or their attorney.
b.Remove Contested Content
Remove the content in question from public view. Do not delete it. Just put it in “unpublished” status so that it may not be viewed by the public.
After you take down the content, provide notice to the person who posted it that you have removed the material pursuant to a DMCA complaint. Indicate the person has the right to file a counter-notice and may wish to speak with an attorney.
If you receive a counter-notice, you should provide the counter-notice to the copyright owner who filed the original complaint, and inform the copyright owner that alleged infringing content will be republished in 10 to 14 days. The counter-notice should include a statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification; the user’s name, address, and telephone number; and a statement that the user will accept service of process and consents to the jurisdiction of Federal District Court.
If you do not receive notice of a lawsuit or a court order barring the republishing of the material from either party in 10 days, go ahead and republish the content.
And there you have it. The DMCA compliance guide can come across as complicated but is rather simple once you get the hang of it.