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United States Copyright Law - IMSLP/Petrucci Music Library: Free Public Domain Sheet Music us digital millennium copyright act 1998 definition

United States Copyright Law Please note that the IMSLP makes no guarantee whatsoever that the information appearing on this page is legally accurate and assumes no liability or legal responsibility therefor. Contents 1 Works That Are Protected 2 Copyright Acts 2.1 The Copyright Act of 1909 2.2 The Copyright Act of 1976 2.3 The Berne Convention Implementation Act (1988) 2.4 The GATT Amendments (1994) 2.5 The Sonny Bono Copyright Term Extension Act (1998) 2.6 The Digital Millennium Copyright Act (1998) 3 Duration of US Copyright 3.1 Copyright Act of 1909 3.2 Copyright Act of 1976 3.2.1 Existing Copyrights 3.2.2 New Copyrights 3.3 The Sonny Bono Copyright Term Extension Act 3.4 Special Cases 3.4.1 Works Made for Hire 3.4.2 One Author 3.4.3 Joint Authors 3.4.4 Anonymous and Pseudonymous Works 3.5 Sound Recordings 3.5.1 Relevant Links 3.6 Chart: Duration of US Copyright 4 Compilations, Collections, and Derivatives 4.1 Compilations and Collective Works 4.2 Derivative Works 4.3 Examples 5 Exclusive Rights 5.1 Reproduction 5.2 Adaptation 5.3 Distribution 5.4 Performance 6 Limitations on Exclusive Rights 6.1 First Sale 6.1.1 Relevant Links 6.2 Fair Use 6.2.1 Relevant Links 7 Works Made for Hire 7.1 Definitions 7.2 Commissioned Works 7.2.1 Categories 7.3 Relevant Links 8 Copyright Notice 8.1 Details 8.1.1 Visually Perceptible Copies 8.1.2 First publication 8.1.3 Recordings 8.1.4 Derivative Works 8.1.5 Collective Works 8.2 Omission 8.2.1 Copyright Act of 1909 8.2.1.1 Relevant Links 8.2.2 Between January 1, 1978 and March 1, 1989 8.2.3 After March 1, 1989 8.3 Useful Chart 8.4 Relevant Links 9 Transfer of Copyright 9.1 Licensing and Assignments 9.1.1 Nonexclusive License 9.1.2 Exclusive License 9.1.3 Assignment 9.2 Transfer of Copyright 9.2.1 Upon Death 9.2.2 Involuntary Transfer 9.2.3 Useful Chart: Methods of Transferring Copyright Ownership 9.3 Termination of Grants 9.3.1 Grants made before 1978 9.3.2 Grants made after 1977 10 International Copyright Treaties 10.1 The Berne Convention 10.2 The Universal Copyright Convention 10.3 The Buenos Aires Convention of 1910 10.4 GATT 11 Resources 11.1 Internal Links 11.2 External Links 11.3 Legal Cases Works That Are Protected

Copyright law protects original intellectual works expressed in tangible form. This is called a work of authorship, which means that the work meets the threshold of originality and is therefore protectable by copyright law. The Copyright Act of 1976 does not limit the definition of a work of authorship because authors are always finding new methods of tangible expression. There are two standards for protection under copyright law: the work must be original and the work must be in tangible form. According to section 102(a) , the subject matter of copyright is the following:

Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression , now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.

Original as it relates to copyright law does not require any work to be produced with a high degree of creativity. It means that a work is original to a specific author; in other words, it has not been done before. As a result, originally does not require a high degree of creativity or labor. Simply putting random notes on a page may not be altogether creative, but it is protected under copyright law.

Fixation is when a work of authorship is in a tangible form that can be perceived by humans. According to 17 U.S.C 101 - fixation:

A work is “fixed” in a tangible medium of expression when its embodiment in a copy or phonorecord, by or under the authority of the author, is sufficiently permanent or stable to permit it to be perceived, reproduced, or otherwise communicated for a period of more than transitory duration. A work consisting of sounds, images, or both, that are being transmitted, is “fixed” for purposes of this title if a fixation of the work is being made simultaneously with its transmission.

Examples include an audio recording, novel, manuscript, and email messages stored on a computer. Works that are not fixed include impromptu speeches (not written), performance of a piece that is not engraved (either on paper or in a computer) and sports games that are not recorded. One case, National Basketball Association v. STATS ruled that a live basketball game (not recorded) was not protectable under copyright law. See the full details of the case here .

The United States Copyright Act of 1790 protected authors of books, maps, and charts. Congress has since passed several copyright acts in order to protect additional types of works, some of which came about thanks to new technologies and methods of expression. For example, photographs, recordings, motion picture, and computer programs were added. The Copyright Act of 1976 listed seven categories of works. An eighth category was included in 1990 - architectural works. However, if a work does not fit into one of these categories, that does not mean it cannot be protected. In summary, the question is whether the work satisfies the requirements of section 102 . According to section (a) of the copyright act, the eight categories are as follows:

literary works musical works, including any accompanying words; dramatic works, including any accompanying music; pantomimes and choreographic works; pictorial, graphic, and sculptural works; motion pictures and other audiovisual works; sound recordings; and architectural works.

The six categories relevant to IMSLP will be discussed in detail:

Literary works are important for IMSLP because lieder and songs often use text from literary sources. A literary work is defined as something expressed in words, numbers, or other verbal or numerical symbols or makings, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, film, tapes, disks, or cards, in which they are embodied , according to 17 U.S.C § 101 . Musical Works hold the most importance for IMSLP because most of the contents of the site are musical works. A musical work is defined a musical composition that is written in a computer or in manuscript form. Words to songs in a musical work are also protected under copyright law. Music that accompanies a dramatic work is not protected in the musical works category; rather, the music is protected as a dramatic work. Dramatic works is something prepared for stage, cinema, radio, or television. A dramatic work does not need to have dialog, it must have directions for the performance. Choreography is the arrangement of dance movements and patterns. Popular and simple dance steps, such as the polka, are not copyrightable. Audiovisual works were not protected in the Copyright Act of 1909. Until 1912, filmmakers would print out photographic sheets of their film and copyright it as a regular still picture. In 1912, the Supreme Court ruled a case involving the silent film Ben Hur and the 1909 act was amended. The Copyright Act of 1976 defines audiovisual works as the following: Works that consist of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied. Sound Recordings are works that result from the fixation of sounds. The Copyright Act of 1976 defines sound records as the following: Works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work, regardless of the nature of the material objects, such as disks, tapes, or other phonorecords, in which they are embodied.

US copyright law did not protect sound recordings until 1972. Sound recordings released before this date are protected under state law, not federal law. This is sometimes known as "state common law copyright.” California has passed specific laws about the protection of sound recordings before February 15, 1972. The full details can be found here .

Copyright Acts

The federal government of the United States is authorized, according to Article 1, Section 8, of the Constitution

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Since 1790, there have been five major copyright acts, but only two of them are still effective today:

The Copyright Act of 1909 The Copyright Act of 1976 The Copyright Act of 1909

The act governs all works published between 1909 and 1978. The 1909 act protects works that are published with copyright notices and unpublished works registered with the US Copyright Office . Unpublished works that were not registered with the United States Copyright Office were protected by the common law of copyright, which was established by various court decisions. By this act, the copyright was made to begin at date of publication and not date of filing.

The Copyright Act of 1976 Effective date: January 1, 1978.

This act protects works that were published from 1978 on, which is when the law took effect. This act also protects some unpublished works created before 1978. The difference between this act and other copyright acts two-fold:

The work is protected after it is created in a tangible form The copyright of the work does not need to be renewed

The Copyright Act of 1909 only protected a work after it was published. In addition, the author was required to file a renewal after a certain number of years. One important clause for IMSLP is § 405b. If a copy of a work scanned to IMSLP has no notice marked and copyright is accidentally infringed due to an assumption of the work's being Public Domain, this clause protects the infringer as long as infringement stops upon notification of the copyright status of the work.

The Berne Convention Implementation Act (1988) Effective date: March 1, 1989.

The Berne Convention for the Protection of Literary and Artistic Works has been signed by 164 different nations. The treaty established a number of specific copyright rules that the laws of all signatory countries would have in common. Parts of the Copyright Act of 1976 conflicted with the Berne Treaty, so the United States could not fully join the convention until certain laws were revised. The United States Congress amended the act in 1989 and 1990. The United States became a member of the Berne convention, which included several changes to the Copyright Act of 1976:

A copyright notice is no longer required. Works published after March 1st, 1989, do not need a copyright notice. Architectural works are eligible for copyright protection. Moral rights are recognized for a works of fine art: individual paintings, sculptures, or editions of 200 or less prints / photographs.

These rights include those of claiming authorship and objecting to "any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation." They are to be maintained after the death of the author.

The GATT Amendments (1994) Effective date: January 1, 1996.

These came into effect when President Clinton signed the Uruguay Round Agreement Act (URAA). Included in the GATT amendments is the Trade Related Aspects of Intellectual Property Rights (TRIPS). This amendment has two clauses important to IMSLP, which do the following:

It restores copyright for works published outside the United States that have lost protection for technical reasons. For example, a German author whose copyright protection failed in the United States due to the absence of a copyright notice would be granted copyright. It also prohibits piracy of live music performances. The Sonny Bono Copyright Term Extension Act (1998) Effective date: January 1, 1999.

This act extended the time period that works were protected by copyright law. The official rationale for doing this was to harmonize the duration of copyright under US law with those laws of many European countries where copyright owners had longer protection. There are four main points to this extension act:

Works created after 1977 have the copyright term life of author + 70 years (the EU standard term). Works for hire, and works anonymously or pseudonymously published, protection is extended to 95 years from publication. The renewal term of existing copyrights first published before 1978 was extended 20 years from 47 to 67 years, for a total term of 95 years from date of publication. The 95-year term applied only to works first published in 1923 and later, which means nothing will enter the public domain until Jan. 1, 2019. The Digital Millennium Copyright Act (1998)

This act relates to the Internet and transmission of information in a digital form. There are three provisions important for IMSLP:

Prohibition of the removal of watermarks from digital files protected by copyright. Limited liability for ISPs if copyright is infringed online Licensing standards by which providers can broadcast music

The Code of Federal Regulations expands on copyright statuses and standardizes the copyright application process.

Duration of US Copyright Copyright Act of 1909

Under this copyright act, copyright owners' rights did not vest until a published work contained a copyright notice or the work was published . In other words, if a composer wrote a piece but failed to publish the work, it would not be protected under this copyright act. Instead, unpublished works were protected under the common law copyright. This differs from regular copyright legislation because it was a set of rules established only by judges.

The copyright term of the 1909 act is 28 years. This date runs through the end of the calendar year. Therefore, the last date any work is copyrighted is December 31st. If that work's copyright were renewed during the 28th year, it would receive an additional 28 years protection. This is commonly known as the renewal term. If the work was renewed, the total length of copyright was 56 years. Sometimes, however, the work was not renewed. If this was the case, the work fell into the public domain after the 28-year period.

Copyright Act of 1976 Existing Copyrights

The Copyright Act of 1909 protected works for 56 years from publication or registration if the copyright was renewed. Under the new Copyright Act of 1976, the full term of protection for such works was extended for 75 years. While the new act was being written, protection for works still in their 28-year renewal term was extended every year starting in 1962. This extended renewal term is the term used to denote the additional 19-years of protection (for a total of 47 years) added to copyrights in their renewal term when proceedings started to revise the copyright law of 1909. Thus, works first published in 1907 were protected for an initial term of 28 years. If renewed by the end of 1935, the renewal term - which would have expired in 1963 under the 1909 law - was extended 19 years to 47 years for a total of 75 years from initial publication, only entering the public domain on 1/1/1982.

New Copyrights

For works first registered or published after the effective date, the new law provided a term calculated upon the lifetime of the last surviving author plus 50 years (where author's identity is known), or 75 years from registration or publication (anonymous works, pseudonymous works, works made for hire).

The Sonny Bono Copyright Term Extension Act

The Sonny Bono Copyright Term Extension Act did several things, including extending the period by which copyrighted works were protected. An additional 20 years protection was granted to works in their extended renewal term (see above). Therefore, the total length of copyright became 95 years. For example, if a work were published in 1956 and renewed in 1984, the total length of copyright would be extended to 2051. This act prevented works of several composers, including many by George Gershwin, to enter the public domain - even though the works by Gershwin (alone) were in the public domain nearly worldwide on January 1, 2008 (70 years after the composer's death).

Special Cases Works Made for Hire

A protection of 95 years after first publication or 120 years after creation is granted to work made for hire. Usually whichever term is shorter is the length the work is protected.

Example: If a company created a work in 2005 but did not publish the work until 2010, the work would be protected until 2105. One Author

Under the Copyright Act of 1976, the copyright term for one author is life plus 70 years. This does not apply, however, if the author was anonymous or if the work was made for hire. Special provisions exist for unpublished works (see below).

example: If an author dies in 2001, the work is protected until 2071. Joint Authors

The same term applies for join authors as they do for single authors. The protection will exist for life of the last living author plus 70 years. The last living author is commonly known as the surviving author .

Anonymous and Pseudonymous Works

Like works for hire, the copyright protection for both anonymous and pseudonymous works is 95 years from first publication or 120 years from creation. If the author is disclosed, the copyright protection becomes life of the author plus 70 years.

Sound Recordings

US Copyright law did not cover recordings until 1972. All recordings made before that date - even those published before 1923 - are potentially under copyright until February 15, 2067. This is because such recordings might be protected under the common-law copyright (see above) and trade statutes of states. It is possible that recordings published without the required notice between February 15, 1972 and March 1, 1989 are in the public domain. It is especially likely for those issued between 1972 and 1977. After January 1, 1978, a notice omission or error was correctable if application was made to the copyright office within 5 years of the omission or error.

Relevant Links Wikipedia 17 U.S.C § 110 17 U.S.C § 111 17 U.S.C § 112 Chart: Duration of US Copyright Works published before 1923 Works are in the public domain Works published between 1923 and 1963 Initial term of copyright is 28 years. If the work is renewed during the 28th year, copyright is extended for another 67-year period. Works published between 1964 to 1977 95 years from first publication Works created after December 31st, 1977 One author: Life + 70 years

Joint authors: Life of last surviving author + 70 years Works made for hire: 95 years from publication or 120 years from creation (whichever is shorter) Anonymous / Pseudonymous authors: 95 years from publication or 120 years from creation (whichever is shorter). If the author is discovered, life + 70 years.

Works created before 1978 and unpublished as of December 31st, 2002 Expires 70 years after the death of the author unless the author has been dead for more than 70 years. If this is the case, the protection ended on 1/1/2003.

Thus, on 1/1/2011, all unpublished works of authors who died in 1940 entered the public domain.

Works not registered by 1978 but published between 1978 and 2003 The copyright term expires 70 years after death of the author, but no earlier than December 31st, 2047. Compilations, Collections, and Derivatives Compilations and Collective Works

When an author selects various pieces and groups them together in a unique way it can be protected under copyright law. For example, if an author selects and compiles quotes from various composers, it is protectable as a compilation. The definition of a compilation can be found here . However, not all compilations are protectable. In the case Feist Publications, Inc. v. Rural Telephone Service Co. the Supreme Court ruled that the names and telephone numbers in the directory were facts, and the method of arranging the names / numbers did satisfy the minimum standards of copyright protection. The question is the following: what is protectable after Feist?

Under the Feist ruling, the owner of a compilation must demonstrate that the work deserves to be copyrighted as a result of selection, coordination, and arrangement of the data. While it is true that the Feist ruling did eliminate the protection of White pages, it did not eliminate the protection of the Yellow Pages. The Feist ruling has been applied in numerous other ways. For example, a real estate title commitment is not protected under copyright law. In a 1996 case, a system of codes and formulas developed by a company rating workers' compensation claims were not protected under copyright law due to a lack of originality.

A Collective work, is a "periodical issue, anthology, or encyclopedia in which independent works in themselves are assembled into a collective whole" (~ From the link above). Unlike other compilations, such as a directory, the pieces that make the whole can be separately protected. Like all compilations, it must meet the threshold of originality.

Example: "Piano Concertos of the 20th Century" Derivative Works

Like compilations, derivative works use works that already existed. In derivative works, the author must modify the original works. In a compilation, the author puts various works together in a volume. The Copyright Act of 1976 defines a derivative work as the following:

A work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted. A work consisting of editorial revisions, annotations, elaborations, or other modifications, which, as a whole, represent an original work of authorship, is a “derivative work”.

The copyright protection of a derivative work is limited to the material that meets the threshold of originality, according to 17 U.S.C. § 103(b) :

The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material. Examples Protectable Not protectable Music created from a given work Duplication of a piece of music Additional movements to the original piece of music Reproduction of the original movements in digital format Adding a piano part to a solo flute sonata Correction of errors to an already existing piano part Exclusive Rights

There are a variety of exclusive rights in section 106 of the Copyright Act of 1976. These rights include reproduction, adaptation, distribution, performance, and display. If any one of these is done without the explicit permission of the copyright owner, it is called an infringement. According to section 106 :

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: to reproduce the copyrighted work in copies or phonorecords; to prepare derivative works based upon the copyrighted work; to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to displ dmehvqjj. saks moncler mokaay the copyrighted work publicly; and in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission. Reproduction

Reproduction means to copy either all or part of a given work in tangible form. For example, if Grove's dictionary of music were copied it would be reproduction. Computer scans, or any other form of digitization, are also a reproduction of a given work. Therefore, audio or video recordings of a given piece not in the public domain are a violation of the author’s rights.

Adaptation

Before the 20th century, securing adaptation rights was difficult. One well-known example was that an author could not prevent a dramatist from adapting a novel into a play. In 1870, the law was amended so that an author was allowed to prevent the adaptation of a work into a play, and prevent someone from translating the work into another language. This amendment was the origin of derivative rights. A derivative work is defined as a work based upon another work. The right to adapt a given work extends to abridgments, translations, and substantial modification.

Distribution

Also known as publication right , the author of a given work controls the rights of its distribution. The Copyright Act of 1976 does not define distribution, however the most appropriate definition is the dissemination either to a substantial number of persons or to a substantial portion of the market for the work. In addition, the distribution of the work must be in a tangible form.

Performance

Under copyright law, to perform a work means to "recite, render, play, dance, or act it, either directly or by means of any device or process or, in the case of a motion picture or other audiovisual work, to show its images in any sequence or to make the sounds accompanying it audible." ( Section 101 ). Section 101 also defines "public" as a place where people are gathered or the work is transmitted or otherwise communicated to the public. The following are examples of a public performance under copyright law:

A musician plays a recording during orchestra rehearsal A musicologist reads The Man and His Music by James Huneker to an audience A pianist performs a work in a concert hall A radio station plays a piece of copyrighted music A cellist plays a piece of copyrighted music that is performed on cable television

The formal definition, according to section 101 of the Copyright Act of 1976 is the following:

To perform or display a work “publicly” means — 1. to perform or display it at a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered; or 2. to transmit or otherwise communicate a performance or display of the work to a place specified by clause (1) or to the public, by means of any device or process, whether the members of the public capable of receiving the performance or display receive it in the same place or in separate places and at the same time or at different times. Limitations on Exclusive Rights First Sale

An author's rights after the first sale of a piece are limited by section 109 of the Copyright Act of 1976. The limitation is also known as the first sale doctrine . The rental of a piece of music, the display of a painting, and the resell of a given work are all permitted under this doctrine, but there are various exceptions:

Prohibition of the rental of computer programs or sound recordings Prohibition of the destruction of visual art A piece of visual art can only be displayed where it is located.
us digital millennium copyright act 1998 definition

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moncler mens jackets harrods 3-155company protection-digital millen copyright SCHOOL DeVry Fremont COURSE TITLE MGMT 000 TYPE Notes UPLOADED BY BrigadierIronBarracuda9181 PAGES 85 Click to edit the document details

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View Full Document This is the end of the preview. Sign up to access the rest of the document. Unformatted text preview: 3-155COMPANY PROTECTION-DIGITAL MILLEN. COPYRIGHT ACTCONCEPTUALThe Digital MillenniumCopyright Act(1998) addressesa.company protection.b.consumer protection.c.both company and consumer protection.d.competitive protection.e.pricing issues.Answer:aPage:86LO:6LL:2AACSB:3Rationale: The Digital Millennium Copyright Actis copyright legislation designed to improve protection of copyrighted digital products. In addition, producers of DVE movies, music recordings, and software want protection from devices designed to circumvent antipiracy elements of their products.3-156CONSUMER PROTECTION-CONSUMERISMAPPLICATIONIn the 1960s, President Kennedy developed what is known as the Consumer Bill of Rights. This legislation was developed to protect consumers from unscrupulous marketers and guaranteed consumers four fundamental rights, including the right to be informed, the right to choose, the right to be protected and the right to be heard. More recently, the Children's Online Privacy Protection Act(1998) has been passed. Many laws such as these are the results of a.consumerism.b.marketing ethnicity. c.government intervention. d.constructive marketing. e.Naderism. Answer:aPage:87LO:6LL:3AACSB:3Rationale: Many laws and regulations developed to increase the power, influence, and rights of consumers dealing with marketers and organizations in general are a result of consumerism.2183-157CONSUMER PROTECTION-CONSUMERISMAPPLICATIONEach year the U.S. Army shoots an estimated 200 million rounds of lead bullets at target practice areas across the United States. Pentagon officials, in response to environmentalists' concerns over lead poisoning in the soil, have invested over $12 million to develop an environmentally safe tungsten bullet. This is an example of one of the outcomes of a.consumerism.b.marketing ethnicity. c.government intervention. d.constructive marketing. e.Naderism. Answer:aPage:87LO:6LL:3AACSB:3Rationale: Environmental abuse is a hotly debated consumerist issue.3-158CONSUMER PROTECTION-CONSUMERISMDEFINITION__________ is a grassroots movement started in the 1960s to increase the influence, power, and rights of consumers in dealing with institutions.a.Consumer marketingb.Naderism c.Consumerismd.Constructive marketinge.Institutional marketing Answer:cPage:87LO:6LL:1AACSB:3Rationale: Key term definition—consumerism3-159CONSUMER PROTECTION-CONSUMER PRODUCT SAFETY ACTDEFINITIONThe __________ established the Consumer Product Safety Commission to monitor product safety and establish uniform product safety standards.a.Nutritional Labeling and Education Actb.Food Quality Protection Actc.Consumer Product Safety Actd.Fair Packaging and Labeling Acte.Child Protection ActAnswer:cPage:87LO:6LL:1AACSB:3Rationale: Text term definition—Consumer Product Safety Act2193-160CONSUMER PROTECTION-INFANT FORMULA ACTCONCEPTUALThe Infant Formula Act(1980) addressesa.only company protection. ... View Full Document

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Do-It-Yourself Counter Notification Letter by Dave Touretzky <dst@cs.> One of the favorite tools of both cults and corporations seeking to take embarassing information off the Internet is to falsely claim violation of a copyright or trademark. The Digital Millennium Copyright Act, enacted in 1998, set out a notification procedure that can be used to request an ISP to remove allegedly infringing material from a web page. However, there is a defense against this attack: it's called a counter notification letter. Most people don't know how to write such a letter, which is why I've put together this helpful form. Dear Internet Service Provider:

This letter is written in response to your notification to me of a complaint received about my web page(s). The pages in question are:

(insert list of URLs here)

My response to this complaint is as follows: (include all that apply from list below)

Allegations of Copyright Violation / Digital Millennium Copyright Act

The claims of copyright violation should be rejected because:

> The material in question is not copyrighted, or the copyright has expired. It is therefore in the public domain and may be reproduced by anyone. > The complainant has provided no copyright registration information or other tangible evidence that the material in question is in fact copyrighted, and I have a good faith belief that it is not. The allegation of copyright violation is therefore in dispute, and at present unsupported. > The complainant does not hold the copyright to the material in question, is not the designated representative of the copyright holder, and therefore lacks standing to assert that my use of the material is a violation of any of the owner's rights. > My use of the material is legally protected because it falls within the "fair use" provision of the copyright regulations, as defined in 17

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