Sample replies? Best course of action to take?

[lucia]

Sure. Back in the days when some bandwidth was expensive, some admins did Goatse. Almost none do now.  Certain ones would never, ever do it as it means they have to display the image themselves. Well.. not literally, depends how good they are with .htaccess.  But most people who don't want to be hotlinked just block the image.

I've never experienced Goatse when hotlinking and I hotlink a lot.

[lucia]

Generally, a blog that permits people other than the owner or his employees to post is a "service provider". You are providing a service to the commenters or other authors who use your "service" to post their own views.

That said: you are not a "service provider" for yourself or your employees-- I don't think.  I know you aren't for yourself-- you'd have to ask about the employees.  It costs something to file the paperwork, but if you are doing something where people not under your control post, you should file a DMCA -- and do so even if you think you are being 'very strict'. No matter how strict you are, you might screw up.

[stinger]

Good advice Robert and Lucia!

[The-Gobbler]

Thanks, well, filling out this DMCA form seems easy enough.  But obviously I need an attorney to be listed on it, right?

It probably helps that none of our writers are employees.  They're all kinds of freelancers and many one-off guests.

[Jerry Witt (mcfilms)]

In your case, I would say you should file. And no, you don't need an attorney and you can name yourself as the registered agent and share your contact information on the form. Be sure to list all the sites you maintain.

[The-Gobbler]

Interesting... so, forgive the newbie question again, but I'm using this form: http://www.copyright.gov/onlinesp/agent.pdf

So I can be both the agent and the "office representing the designated service provider" ?

[lucia]

Thanks, well, filling out this DMCA form seems easy enough.  But obviously I need an attorney to be listed on it, right?

No. The agent does not need to be an attorney. However, whoever becomes agent needs to learn how to properly respond to the take down requests and needs to respond properly.  They also need to be available to receive the requests and so on. So you do need to think about that sort of thing. Otherwise: you could be the agent for your site.  It doesn't need to be an attorney.

It probably helps that none of our writers are employees.  They're all kinds of freelancers and many one-off guests.

My understanding is DMCA should help you in that case. I"m assuming you aren't aren't paying them in any way.  This will always get more murky if you are in anyway paying the writers.   But even if things get more murky: that goes two ways. Copyright holders who see you have an agent will likely submit a DMCA request and assume that's their only option. Most will not try to investigate to figure out whether there is some 'loophole' that vitiates your DMCA protection-- because they know the argument in court would be dicey.  That's just a "practical" issue-- not legal.

 Note: I am not a lawyer. If you need real legal advice, you might need to talk to one.

[The-Gobbler]

Thanks!  This DMCA request seems ridiculously simple.  They just want my name and $105? Is there some kind of actual vetting process? This form doesn't even ask for a URL...

[lucia]

I'm pretty sure there is no vetting process. The only thing to be aware of is that after you set up your agent, you need that agent to understand their responsibilities and do what is required if they receive a take down request.  You can be liable for their screwups. So, for example, you can't just turn the DMCA process into some sort of black hole where people who complain send requests and then the agent tosses the requests in the trash and leaves the content up.  You need to know what the law requires of the registered agent and the company using the registered agent and comply. Otherwise, if you don't do as required your flushing the $105 (or whatever it is) down a rate hole.

But yes-- it's not a complicated system.   Large companies do hire attorneys -- but it's not required.

Oh-- oddly, I don't think you are even required to make the identity of the registered agent easy to find-- but check on that.  It will be available at the copyright office, but I've tried to use their search tools... and oy!

[The-Gobbler]

Cool. Well since my agent will be *me* then I guess it's all good for now.

[Robert Krausankas (BuddhaPi)]

also keep in mind that if YOU are the agent, DMCA will NOT be cover anything YOU post as the agent or the owner of the site, it only covers what other people post.

[The-Gobbler]

Yeah, I'm cool with that.  If there's one thing I can say for certain, none of my posts have anything questionable in them!

[The-Gobbler]

Thanks again for everyone's help.  Hopefully last question:

How long does this DMCA registration usually take? Do I get any sort of confirmation?

[Oscar Michelen]

I arrived late to this forum but fortunately Lucia provided stellar information to guide you. Make sure to have a spot on your contact page listing your DMCA agent and how to contact them for takedown notices. 

[The-Gobbler]

Hey guys, well, it's been more than 6 months and suddenly these guys have re-surfaced.  Got a very short email claiming they'll take legal action in 7 days unless I pay them, nothing attached or anything.  I'm guessing their calendar just went off and this is just another obnoxious threat with no merit, but of course, I'm paranoid again.

Oscar - I emailed you guys a bunch of times about the defense letter but never heard back from you. Even filled out the form.  I'd probably like to do this if you're still reading these forums.