Nuts & Bolts of Internet Copyright Law: Part 2

In this episode, I discuss the DMCA procedures, from takedown notice to counter notice to the time-line required to respond to a counter notice by filing a copyright infringement case in federal court. If you find the DMCA takedown procedures to be daunting, do not fret. Most attorneys do not resort to them until they have sent a cease and desist letter to the infringing party. Paraphrasing, the letter usually sounds something like this, “I’m John Doe and I represent Mike Smith, the copyright owner of ABC Course. It has come to our attention that you are selling Mr. Smith’s course in an unauthorized manner.” You then demand that the infringer remove the content immediately and cease using it. This, combined with the potential damages that the infringer faces if found liable in court, is usually enough to do the trick.