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  1. #1
    Join Date
    Jan 2010

    Default Complying with the DMCA (Digital Millennium Copyright Act)

    The DMCA has various requirements in order for websites to be eligible to be under safe harbor.

    I've seen that most sites have put name, address, e-mail, phone number, fax number in their DCMA policies to abide by the regulations. I'm wondering though if it's mandatory to put name, address, phone and fax publicly like that or if it's possible to put an e-mail only and supply further information (address, phone etc) so that ones own phone/fax/address wouldn't be made public.

    From what I read, it seems that it must be all things to be official, but I noticed on which is the company that owns and operates that they only supply an e-mail address.

    Does anyone know the legality and if you can be under the DMCA if you only supply an e-mail?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Complying with the DMCA (Digital Millennium Copyright Act)

    You can read the relevant statute here.
    Quote Quoting 17 USC Sec. 512(c)(2)
    Designated agent - The limitations on liability established in this subsection apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement described in paragraph (3), by making available through its service, including on its website in a location accessible to the public, and by providing to the Copyright Office, substantially the following information:
    (A) the name, address, phone number, and electronic mail address of the agent.

    (B) other contact information which the Register of Copyrights may deem appropriate.
    The Register of Copyrights shall maintain a current directory of agents available to the public for inspection, including through the Internet, in both electronic and hard copy formats, and may require payment of a fee by service providers to cover the costs of maintaining the directory.

  3. #3
    Join Date
    Mar 2009
    Key West, FL

    Default Re: Complying with the DMCA (Digital Millennium Copyright Act)

    The notice is not legally adequate, however, the legally required information is available in their DMCA registration on the US Copyright Office website.

    That I am sure would be their argument if it came up. This issue has never been litigated and I am confident any federal court would say the filing was adequate.

    DMCA only covers copyright. There is no safe harbor for trademark infringement. Things like libel are covered by the Communications Deceny Act that provides interent providers with safe harbor for libelous statements made by third parties.

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