You have questions. We have answers. If we don’t cover your question below, drop us a message through the Contact page above.
Does the DMCA protect me if I post the offending content?
NO! The DMCA safe harbor immunity only applies to situations where an independent user of a website or app has uploaded the offending content. No immunity exists if the owner or an employee uploads the content. If “the Zuck” uploads infringing material to Facebook, the DMCA will not protect the site because of his position with the company. If I upload offending content to Facebook, the DMCA will protect Facebook because the company does not employ me. Speak with a lawyer if you are unclear about this distinction. It is important.
Do I need a third party to be my agent?
No. You can do it yourself. However, you need to understand something important. If you act as the agent, your name, email address, and phone number will be available online for all to see since it will be registered in the public database of agents maintained by the Copyright Office and disclosed on your site or app. At a minimum, you are looking at a tsunami of email spam and sales calls. In a worst-case scenario, weirdos can start contacting you or show up at your door. And when we say “weirdos,” we’re not even talking about your creepy Uncle Chuck or the guy with the clown costume on standing by the hedge out front.
What does it cost?
$70 a year. The charge is for the full year and not refunded should you change your mind halfway through the year. We will contact you roughly a month before the renewal date to see if you wish to continue for another year. If you decide not to renew, disregard the person who keeps calling in the middle of the night and hanging up when you pick up the phone. Totally not us. On an unrelated topic, have you seen Fatal Attraction?
I thought the fee was $60 a year?
It was. And gas was once 50 cents a gallon. Gas costs more now, and so do we as of February 2017. Just know the extra $10 goes to keeping our CEO’s trophy girlfriends knee deep in fake fur and lip gloss – a noble cause if ever there was one.
Is the service available to individuals or businesses in the European Union?
Nyet! Sorry, but the cost of complying with the General Data Protection Regulation is far more than the revenues we would generate from offering the service to parties in the EU.
How many domains or apps can I use you as an agent for with the service?
As many as you like, but you’ll have to pay accordingly. The $70 fee covers one company with up to a total of 20 domains/apps. If you have ten companies, the cost is $700 a year. If you have a million companies…CALL US NOW.
Does the $70 cover the fee charged by the Copyright Office for registering a DMCA agent?
Yes. The Copyright Office now requires each DMCA agent registration be renewed every three years as well, and we’ll also cover that fee if you are still using us as an agent in three years. Before you start to think too highly of us, you should know the registration fee is $6. Still, this puts us miles ahead of your smartphone provider when it comes to customer service.
Can I use a Post Office box as my business address?
No…but you can petition the Copyright Office for permission. The Office doesn’t charge a fee for the petition and is fairly liberal with approvals.
Are there any circumstances under which I can provide a P.O. Box for the service provider’s address?
You can find the mailing address for the petition by doing a Google search for “37 C.F.R. 201.1(c)(1).” We don’t list the address here because it might change in the future and we sure as hell aren’t checking the Code of Federal Regulations each week for updates!
** Update: The Copyright Office is planning to create an online petition system that should speed up the process significantly. We’ll let clients know when it hits.
Do you evaluate the DMCA takedown notices?
No. We simply forward the notices to you. You then evaluate them on your own or speak with legal counsel. You need to respond to most DMCA takedown notices within 24 to 48 hours, so you need to have a plan in place. This guide can help.
Can you recommend an attorney to help me?
No. We hope to have an attorney directory in the future, but we don’t currently recommend anyone in particular. You should search for an “internet lawyer” in your area on the search engines to identify potential counsel.
Do you know the winning numbers for the next Powerball Lottery?
No, but we’re partial to 3, 11, 18, 27, 35, and 67. Remember us if you win.