DMCA Takedown Notices: A Valuable Tool for Copyright Holders, Yet Subject to Abuse

Carolyn Wimbly Martin and Margaret Horstman

Under the Digital Millennium Copyright Act (DMCA), internet service providers (ISPs) are protected from liability for the copyright infringements of their users if they adopt certain measures to identify and protect copyrighted works and implement a policy for handling infringers. ISPs cannot have knowledge of specific and identifiable instances of infringement, nor can they be […]

Read more...

The DMCA Subpoena Process: An Underutilized Tool for Identifying Anonymous Infringers

Typically, for a copyright owner to identify and pursue an anonymous infringer on the Internet, he or she must initiate a copyright infringement lawsuit against a “John Doe” and use the discovery process to unmask the defendant’s identity. Although commencing a “John Doe” litigation is appropriate in certain circumstances, it can be an expensive and […]

Read more...