The DMCA Violation Form May Have A Just Use, After All

The MPAA / RIAA stranglehold, in the USA, on the electronic consumer, may have reached a peak with their ability to coerce the US Congress to pass the DMCA. The Digital Millennium Copyright Act of 1998, thought by some to be the most noxious bit of legislation since the British Tea Act of 1773, may have a valid use, though.

It's possible that the DMCA Violation Form, which Blogger / Google provides, may be useful in reporting content that's been pirated, personally, from you. If you believe that your pictures, and / or articles, are being unjustly copied within Blogger / Google hosting space, you may get some relief from reporting this as a DMCA Violation.

Note, however, that a DMCA Violation report is a serious complaint, and can have repercussions both upon the source and target of the complaint.

Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that a product or activity is infringing your copyrights. Indeed, in a recent case (please see http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/ for more information), a company that sent an infringement notification seeking removal of online materials that were protected by the fair use doctrine was ordered to pay such costs and attorneys fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Don't use the DMCA Violation Complaint as a casual harassment technique - only use it where you are extremely certain that your legal rights are being violated. If the Fair Use Doctrine might transcend your personal rights, or if you are unsure here what your rights provide to you, protect yourself and contact a lawyer.

If you receive a DMCA Notice, and you believe yourself to be innocent of any wrongdoing, file a Counter Claim.

The administrator of an affected site or the provider of affected content may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

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