Do You Allow Users to Generate Content on Their Own and Upload it To Your Website?

DMCA Agent — DMCA Law

If you allow third party content postings, you need to strongly consider securing the services of an experienced DMCA agent for your business. Formally designating a DMCA agent can provide substantial benefits to online service providers, commercial website operators, adult website operators, gaming websites, and others.It can potentially protect you from expensive and lengthy copyright infringement lawsuits.

Establishing a successful safe harbor defense will play a major role in smoothly operating and running your website with minimal or no disruption of work. It can help you protect your safe harbor defenses, and erect a strong barrier to copyright infringement claims based on third party content. If you choose an Internet attorney as your DMCA agent, you can also obtain assistance with reviewing and writing your website’s “User Agreement”, “Terms of Use”, “Privacy Policy” and other online policies and agreements.

It is highly recommended to choose a DMCA agent wisely. Ensure that the candidates you have shortlisted are trained in the legal process of handling infringement notifications. Make sure they have studied and fully understand DMCA law. They should be confident in their ability to respond to copyright issues. They should be continually willing to assist you in resolving legal issues relating to copyright infringement. A copyright claim, if not addressed properly, can land you into the federal court.

The defense costs alone can bankrupt a small website business. Be sure check the credibility of the DMCA agent properly before making a final decision. Look to see if the potential DMCA Agent is listed on other websites as their DMCA Agent. If the individual is an attorney, check legal marketplace resources like avvo.com and lawyers.com for ratings and reviews. If you plan to rely on your DMCA Agent for defense of copyright claims, make sure the agent has substantial experience in this area of the law.

A very common question is: Who should hire a DMCA agent for their website? If you have any user generated content, including comments, profiles, reviews, or videos, engaging a DMCA Agent is essential. Designating a DMCA Agent with the U.S. Copyright Office not only helps protect you from copyright claims, but serves as a deterrent from such claims being filed in the first instance. Investing a little time in finding an experienced DMCA agent can protect you against legal headaches and expenses in the future. In addition, it would be an advantage to you if your registered DMCA agent has extensive knowledge and understanding of 1st Amendment Law.

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