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The DMCA won’t help if you’re not using it right.
Although the recent court decision in Viacom v. YouTube represents a victory for website owners who seek DMCA protection, many website owners fail to comply with the strict requirements necessary to shield themselves from liability for 3rd party copyright infringement. Without taking the specific steps outlined below, website owners and operators could still be held liable for copyright infringement by their users, even if they had no idea that the content was infringing.
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Protecting non-U.S. Works Using U.S. Copyright Law
You don’t have to be a resident of the United States to take advantage of the many benefits of U.S. copyright laws. These laws offer some of the strongest protections of any country and non-U.S. copyright holders—including media and software companies, writers, bloggers, artists, photographers, designers, and any other creative professionals—can use legal enforcement methods available here even without registering your work in this country.
Benefits of Copyright Registration
While it is true that copyright protection for a creative work vests in the author of that work from the moment it becomes fixed in a tangible medium of expression, you shouldn't ignore the incredibly strong benefits of registering your work with the U.S. Copyright Office. This article discusses some basics of copyright law and why registration is such a good idea.
What does the backlog at the Copyright Office mean for Authors?
The Washington Post reported yesterday that the backlog of paper-based copyright registrations at the U.S. Copyright office is approaching two years due to unforeseen glitches in the Office’s new registration software. For anyone who has tried to register a copyright through the online eCO system, this will come as no surprise—the interface is terrible, the response time is slow, and the learning curve is steep. Still, authors who manage to work their way through the online system are rewarded not only with an extra $10 but also can hope to get their applications processed in about 6 months rather than 18+. Not bad, until you realize that the original promise of the eCO (”electronic Copyright Office”) system was that it would take less than a month to get a certificate for online applications.
The Post article is helpful in showing the problems within the office, both the disaster of the software itself and the painful lack of foresight shown in its implementation. In order to add some human interest to the reporting, however, the author tells the stories of three authors (all songwriters) who have been affected by the problems. Their tales of woe add poignancy to the article and attempt to illustrate how government incompetence is preventing ordinary people from making money from their creative works.
Problem is, the perceptions of all three are wrong. There is little reason to delay marketing your works just because you don’t have a copyright certificate in-hand. The Copyright Office problems only serve to delay, not eliminate, an author’s statutory benefits to registration. And most copyright rights don’t require registration at all (although enforcing them may). Read on or contact me for a free 20 minute consultation to learn more.