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Digital Millennium Copyright Act Notice - iWireless digital millennium copyright act us code

Digital Millennium Copyright Act Notice

Digital Millennium Copyright Act (“DMCA”) Notice

iWireless provides transitory digital network communications service as defined under the DMCA, 17 U.S.C. § 512(a).  As a provider of transitory digital network communications services, iWireless is protected from claims of online copyright infringement pursuant to the safe harbor in 17 U.S.C. § 512(a).  Furthermore, the company is not required to remove or block access to materials transmitted through iWireless’s network that is initiated by or at the direction of a person other than iWireless.

DMCA Copyright Infringement Notices

To the extent that a party in good faith believes that iWireless has infringed on his/her copyrighted material, such party may send iWireless written notice that includes the following information (see 17 U.S.C. § 512(c)(3)):

(i)     A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii)    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii)   Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

(iv)    Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

(v)     A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi)    A statement that the information in the notification is accurate, and under penalty of perjury, that the complaini digital-millennium-copyright-act-us-code-rid-0.html. moncler usa online storeng party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices can be emailed to iWireless at regulatory@, or mailed to the following address:

Iowa Wireless Services

Attn: Regulatory Manager

4135 NW Urbandale Drive

Urbandale, IA 50322

It is iWireless’s policy to terminate services to any subscriber or user that has been determined to be a repeat infringer of third-party intellectual property rights.

Counter-Notifications to Copyright Infringement Claims

Parties that believe a copyright infringement notification has been wrongly filed against them may send iWireless a counter-notification that contains the following information (17 U.S.C. § 512(g)(3)):

(A)    A physical or electronic signature of the subscriber;

(B)    Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(C)    A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(D)   The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

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digital millennium copyright act us code

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moncler jackets outlet online store The arbitration award shall be unenforceable until such notice is given. Nothing in this subsection shall preclude the Administrator from determining whether a design is subject to registration in a cancellation proceeding under section 1313(c) . `` Sec. 1322 . Injunctions ``(a) In General.—A court having jurisdiction over actions under this chapter may grant injunctions in accordance with the principles of equity to prevent infringement of a design under this chapter, including, in its discretion, prompt relief by temporary restraining orders and preliminary injunctions. ``(b) Damages for Injunctive Relief Wrongfully Obtained.—A seller or distributor who suffers damage by reason of injunctive relief wrongfully obtained under this section has a cause of action against the applicant for such injunctive relief and may recover such relief as may be appropriate, including damages for lost profits, cost of materials, loss of good will, and punitive damages in instances where the injunctive relief was sought in bad faith, and, unless the court finds extenuating circumstances, reasonable attorney's fees. `` Sec. 1323 . Recovery for infringement ``(a) Damages.—Upon a finding for the claimant in an action for infringement under this chapter, the court shall award the claimant damages adequate to compensate for the infringement. In addition, the court may increase the damages to such amount, not exceeding $50,000 or $1 per copy, whichever is greater, as the court determines to be just. The damages awarded shall constitute compensation and not a penalty. The court may receive expert testimony as an aid to the determination of damages. ``(b) Infringer's Profits.—As an alternative to the remedies provided in subsection (a), the court may award the claimant the infringer's profits resulting from the sale of the copies if the court finds that the infringer's sales are reasonably related to the use of the claimant's design. In such a case, the claimant shall be required to prove only the amount of the infringer's sales and the infringer shall be required to prove its expenses against such sales. ``(c) Statute of Limitations.—No recovery under subsection (a) or (b) shall be had for any infringement committed more than 3 years before the date on which the complaint is filed. ``(d) Attorney's Fees.—In an action for infringement under this chapter, the court may award reasonable attorney's fees to the prevailing party. ``(e) Disposition of Infringing and Other Articles.—The court may order that all infringing articles, and any plates, molds, patterns, models, or other means specifically adapted for making the articles, be delivered up for destruction or other disposition as the court may direct. `` Sec. 1324 . Power of court over registration ``In any action involving the protection of a design under this chapter, the court, when appropriate, may order registration of a design under this chapter or the cancellation of such a registration. Any such order shall be certified by the court to the Administrator, who shall make an appropriate entry upon the record. `` Sec. 1325 . Liability for action on registration fraudulently obtained ``Any person who brings an action for infringement knowing that registration of the design was obtained by a false or fraudulent representation materially affecting the rights under this chapter, shall be liable in the sum of $10,000, or such part of that amount as the court may determine. That amount shall be to compensate the defendant and shall be charged against the plaintiff and paid to the defendant, in addition to such costs and attorney’s fees of the defendant as may be assessed by the court. `` Sec. 1326 . Penalty for false marking ``(a) In General.—Whoever, for the purpose of deceiving the public, marks upon, applies to, or uses in advertising in connection with an article made, used, distributed, or sold, a design which is not protected under this chapter, a design notice specified in section 1306 , or any other words or symbols importing that the design is protected under this chapter, knowing that the design is not so protected, shall pay a civil fine of not more than $500 for each such offense. ``(b) Suit by Private Persons.—Any person may sue for the penalty established by subsection (a), in which event one-half of the penalty shall be awarded to the person suing and the remainder shall be awarded to the United States. `` Sec. 1327 . Penalty for false representation ``Whoever knowingly makes a false representation materially affecting the rights obtainable under this chapter for the purpose of obtaining registration of a design under this chapter shall pay a penalty of not less than $500 and not more than $1,000, and any rights or privileges that individual may have in the design under this chapter shall be forfeited. `` Sec. 1328 . Enforcement by Treasury and Postal Service ``(a) Regulations.—The Secretary of the Treasury and the United States Postal Service shall separately or jointly issue regulations for the enforcement of the rights set forth in section 1308 with respect to importation. Such regulations may require, as a condition for the exclusion of articles from the United States, that the person seeking exclusion take any one or more of the following actions: ``(1) Obtain a court order enjoining, or an order of the International Trade Commission under section 337 of the Tariff Act of 1930 excluding, importation of the articles. ``(2) Furnish proof that the design involved is protected under this chapter and that the importation of the articles would infringe the rights in the design under this chapter. ``(3) Post a surety bond for any injury that may result if the detention or exclusion of the articles proves to be unjustified. ``(b) Seizure and Forfeiture.—Articles imported in violation of the rights set forth in section 1308 are subject to seizure and forfeiture in the same manner as property imported in violation of the customs laws. Any such forfeited articles shall be destroyed as directed by the Secretary of the Treasury or the court, as the case may be, except that the articles may be returned to the country of export whenever it is shown to the satisfaction of the Secretary of the Treasury that the importer had no reasonable grounds for believing that his or her acts constituted a violation of the law. `` Sec. 1329 . Relation to design patent law ``The issuance of a design patent under title 35, United States Code , for an original design for an article of manufacture shall terminate any protection of the original design under this chapter. `` Sec. 1330 . Common law and other rights unaffected ``Nothing in this chapter shall annul or limit— ``(1) common law or other rights or remedies, if any, available to or held by any person with respect to a design which has not been registered under this chapter; or ``(2) any right under the trademark laws or any right protected against unfair competition. `` Sec. 1331 . Administrator; Office of the Administrator ``In this chapter, the ‘Administrator’ is the Register of Copyrights, and the ‘Office of the Administrator’ and the ‘Office’ refer to the Copyright Office of the Library of Congress. `` Sec. 1332 . No retroactive effect ``Protection under this chapter shall not be available for any design that has been made public under section 1310(b) before the effective date of this chapter.´´. Sec. 503. Conforming Amendments. [ edit ] (a) Table of Chapters. — The table of chapters for title 17, United States Code , is amended by adding at the end the following: ``13. Protection of Original Designs ................................................................ 1301´´. (b) Jurisdiction of District Courts Over Design Actions.— (1) Section 1338(c) of title 28 , United States Code, is amended by inserting ``, and to exclusive rights in designs under chapter 13 of title 17,´´ after ``title 17´´. (2)(A) The section heading for section 1338 of title 28 , United States Code, is amended by inserting ``designs,´´ after ``mask works,´´. (B) The item relating to section 1338 in the table of sections at the beginning of chapter 85 of title 28, United States Code , is amended by inserting ``designs,´´ after ``mask works,´´. (c) Place for Bringing Design Actions. (1) Section 1400(a) of title 28 , United States Code, is amended by inserting ``or designs´´ after ``mask works´´. (2) The section heading for section 1400 of title 28 , United States Code, is amended to read as follows: ``Patents and copyrights, mask works, and designs´´. (3) The item relating to section 1400 in the table of sections at the beginning of chapter 87 of title 28, United States Code , is amended to read as follows: ``1400. Patents and copyrights, mask works, and designs.´´. (d) Actions Against the United States.— Section 1498(e) of title 28, United States Code , is amended by inserting ``, and to exclusive rights in designs under chapter 13 of title 17,´´ after ``title 17´´. Sec. 504. Joint Study of the Effect of This Title. [ edit ] (a) In General.— Not later than 1 year after the date of the enactment of this Act, and not later than 2 years after such date of enactment, the Register of Copyrights and the Commissioner of Patents and Trademarks shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a joint report evaluating the effect of the amendments made by this title. (b) Elements for Consideration.— In carrying out subsection (a), the Register of Copyrights and the Commissioner of Patents and Trademarks shall consider— (1) the extent to which the amendments made by this title has been effective in suppressing infringement of the design of vessel hulls; (2) the extent to which the registration provided for in chapter 13 of title 17, United States Code , as added by this title, has been utilized; (3) the extent to which the creation of new designs of vessel hulls have been encouraged by the amendments made by this title; (4) the effect, if any, of the amendments made by this title on the price of vessels with hulls protected under such amendments; and (5) such other considerations as the Register and the Commissioner may deem relevant to accomplish the purposes of the evaluation conducted under subsection (a). Sec. 505. Effective Date. [ edit ] The amendments made by sections 502 and 503 shall take effect on the date of the enactment of this Act and shall remain in effect until the end of the 2-year period beginning on such date of enactment. No cause of action based on chapter 13 of title 17, United States Code , as added by this title, may be filed after the end of that 2-year period. Retrieved from " https://en./w/index.php?title=Digital_Millennium_Copyright_Act/Title_V&oldid=4427253 " Category : 50% Hidden categories: Subpages Pages with override author

Digital Media Law Project Legal Resources for Digital Media Search form Search

Linking to Copyrighted Materials

If you publish your work online, you are already in the practice of using links to enhance your content. The Web's basic architecture relies heavily on the ability of webpages to link to other pages to allow natural navigation between related content. It is hard to imagine the smooth functioning (or even continued existence) of the Web without hypertext links that act as a reference system identifying and enabling quick access to other material. Fortunately, courts generally agree that linking to another website does not infringe the copyrights of that site, nor does it give rise to a likelihood of confusion necessary for a federal trademark infringement claim. However, different kinds of linking raise different legal issues, and the law is not entirely settled in all of these areas. Moreover, some linking activities may expose you to liability for contributory copyright infringement or trafficking in circumvention technology in violation of the Digital Millennium Copyright Act (DMCA) .

Types of Links

Deep Linking: The most straightforward case is so-called "deep linking," which refers to placing a link on your site that leads to a particular page within another site (i.e., other than its homepage). No court has ever found that deep linking to another website constitutes copyright or trademark infringement. Therefore, you can link to other websites without serious concerns about legal liability for the link itself, with the exception of activities that might be contributory copyright infringement or trafficking in circumvention technology (discussed below).

Inline linking: Inline linking involves placing a line of HTML on your site that so that your webpage displays content directly from another site. We now commonly refer to this practice as embedding. For example, many bloggers embed videos from YouTube on their blogs to illustrate a point or initiate discussion. While there is some uncertainty on this point, a recent case from the Ninth Circuit Court of Appeals concluded that inline linking does not directly infringe copyright because no copy is made on the site providing the link; the link is just HTML code pointing to the image or other material. See Perfect 10, Inc. v. Google, Inc. , 508 F.3d 1146 (2007). Other courts may or may not follow this reasoning. However, the Ninth Circuit's decision is consistent with the majority of copyright linking cases which have found that linking, whether simple, deep, or inline, does not give rise to liability for copyright infringement. For discussion of these cases, see The Internet Law Treatise . In addition, merely using an inline link should not create trademark liability, unless you do something affirmative to create the impression that you are somehow affiliated with or endorsed by the site to which you are linking. Thus, embedding media in your online work should not expose you to legal liability, with the possible exceptions discussed below.

Framing: Framing refers to the practice of dividing a web page into multiple sections that use HTML code to pull content from different sources. The law should treat framing much like inline linking for purposes of copyright infringement (see discussion immediately above), but no case has considered the issue of framing in the context of copyright law. Framing potentially raises trademark problems. Depending on how you design your page, a user might be confused into believing that all of the source material is yours. Some plaintiffs have sued websites for framing under trademark and related areas of law, but most cases have settled and the law remains unclear.

Linking to Infringing Works

The situation changes when you knowingly link to works that clearly infringe somebody's copyright, like pirated music files or video clips of commercially distributed movies and music videos. In this situation, you might be liable for what is known as "contributory copyright infringement." Contributory copyright infringement occurs by "intentionally inducing or encouraging direct infringement" of a copyrighted work. Metro-Goldwyn-Mayer Studios, Inc. v. Grokster , Ltd, 545 U.S. 913, (2005). As long as you do not know that a work infringes someone's copyright, then you cannot be held liable for contributory infringement for directing users to that work. On the other hand, it is not necessarily safe to simply claim that you "didn't know" when the circumstances make it clear the material you link to is infringing. Use your common sense. Fred vonLohman gives the following rules of thumb to help avoid contributory copyright infringement (specifically with reference to embedding videos):"(1) don't embed videos that are obviously infringing, and (2) consider removing embedded videos once you've been notified by a copyright owner that they are infringing." Relatedly, you may be able to protect yourself against claims of contributory copyright infringement by complying with the notice-and-takedown procedures of the DMCA. For details, see Notice-and-Takedown .

Linking to Circumvention Technology Proscribed by the DMCA

Linking also raises legal issues in connection with the anti-circumvention provisions of the DMCA . Section 1201 of the DMCA makes it illegal to traffic in technology that enables others to circumvent technological measures put in place by copyright holders to control access to or uses of their copyright work. 17 U.S.C. § 1201(a)(2), (b) . "Trafficking" means making, selling, giving away, or otherwise offering these devices or tools to the public. You can "traffic" in circumvention tools simply by posting them on your website or linking to other websites that host them. For example, in 1999 a Norwegian teenager created a software program called "DeCSS" that allowed users to circumvent CSS, the encryption technology used by movie studios to stop unlicensed playing and copying of commercially distributed DVDs. A number of websites posted the source and object code for DeCSS on the Internet, and other websites linked to them. The Second Circuit held that hosting and linking to the DeCSS code violated the DMCA's anti-trafficking provisions, and that this application of the DMCA did not violate the First Amendment. See Universal City Studios, Inc. v. Corley , 273 F.3d 429 (2d Cir. 2001). This decision is controversial, and it is not clear that other courts would necessarily follow its reasoning. For example, one court has held that linking itself is not enough, and liability requires some more direct tie between the offending websites, such as receiving compensation in exchange for linking. See Comcast v. Hightech Elecs., Inc. , 2004 WL 1718522 (N.D.Ill. July 29, 2004).

Given the uncertain state of the law, it is best not to knowingly link to sites hosting circumvention software. To be on the safe side, you should also remove user-generated content that links to such postings. This cautious approach may put websites that depend upon high levels of user interactivity in an uncomfortable position, as illustrated by the Digg.com user "revolt" in May 2007 .

Jurisdiction:  United States Subject Area:  Copyright Linking ‹ Fair Use up Getting Permission to Use the Work of Others › Printer-friendly version TABLE OF CONTENTS Forming a Business and Getting Online Dealing with Legal Threats and Risks Newsgathering and Privacy Access to Government Information Intellectual Property Copyright What Copyright Covers Copyright Ownership Using the Work of Others Works Not Covered By Copyright Fair Use Linking to Copyrighted Materials Getting Permission to Use the Work of Others Circumventing Copyright Controls Copyright Infringement Copyright Claims Based on User Content Trademark Trade Secrets Risks Associated With Publication Unique Content: Special Risks Guides and Resources

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