YOU HAVE EXCLUSIVE RIGHTS TO COPY, DISTRIBUTE, PERFORM AND DISPLAY YOUR ORIGINAL WORK.
IF SOMEONE STOLE YOUR
WE WILL PROTECT YOUR RIGHTS, REPUTATION AND REVENUES
WHY HIRE US?
A LAWYER WILL REVIEW YOUR CASE TO PROTECT YOUR RIGHTS
A LAWYER WILL SEND OUT YOUR DMCA TAKE DOWN LETTER.
A LAWYER WILL PROVIDE YOU WITH A LEGAL OPINION
The Law Protects “original works of authorship”. That includes not only traditional books, movie scripts and art, but also digital art, avatars, pictures, videos, icons and blog writings. As long as you create it, you can protect it.
But there is an exception ... Others may be able to use your protected material under a "fair use" exception. Fair use is a complicated legal concept that permits certain usages such as satire and commentaries.
Is "Fair Use" Important? Yes. Many people hire non-lawyers to send DMCA takedown letters. Non-Lawyers cannot provide legal advice and opinion. If you send a DMCA take down notice to an ISP without proper legal analysis of fair use, you might face legal exposure.
Your Legal Exposure! Did you know that if you demand the takedown of material without proper analysis or consideration of the "fair use" exception to your copyrights, you can be held liable? In the case Lenz v Universal Music Corp., No. 07-3783 (N.D. Cal., 20 August 2008), the judge found that liability can be attach to the sender of the takedown notice for failing to consider "fair use".
CONTACT US FOR A FREE FAIR USE ANALYSIS OF YOUR CASE!
A lawyer can do what non-lawyers cannot - Give you a legal opinion. Protect yourself! Before sending out a DMCA takedown notice demanding the removal of your copyrighted work, contact us for your FREE analysis of the Fair Use exception.
HIRE A LAWYER TO PROTECT YOUR RIGHTS
SEND A DMCA TAKE DOWN NOTICE!
- WHAT IF YOU DETERMINE THAT I CAN LEGALLY USE THE TAKEDOWN PROVISION?
If after our FREE Fair Use analysis, we determine that you make take advantage of the DMCA's takedown provision, our firm will draft and send one to the infringing ISP.
- WHAT IS THE COST OF A DMCA TAKE DOWN NOTICE?
If we determine that you may properly file a takedown notice, our law firm will send one on your behalf...for a flat rate.
- DOES THAT MEAN THAT THE PERSON WHO STOLE MY WORK WILL REMOVE THE MATERIALS?
No. The law provides ISPs (like Facebook, YouTube or other social media sites) a safe harbor from liability if they remove infringing material posted by others. The actual poster of the material may or may not want the material removed, but the ISP can do it themselves without the poster's permission.
- HOW LONG DOES THE PROCESS TAKE?
While cases vary, most ISPs remove infringing material rather quickly (from 2-5 business days).
- WHAT IF THE ISP DOES NOT REMOVE MY MATERIAL?
When properly done, you do not lose any existing rights by filing a DMCA takedown notice. You preserve all legal rights including the right to sue in federal court for copyright infringement.
- CAN THE POSTER OF THE MATERIAL FORCE THE ISP TO RE-PUBLISH THE INFRINGING MATERIAL?
THe DMCA has a procedure that allows ISPs to re-publish material that was previously removed under a DMCA process. This process is rarely used and the materials, once removed, is rarely re-published.
- CAN A NON-LAWYER TELL ME IF USAGE OF MY MATERIAL IS PERMITTED BY THE FAIR USE EXCEPTION?
No. Only lawyers can provide you with a legal opinion. The fair use doctrine, Copyright Act of 1976 as 17 U.S.C. § 107, permits some copying and distribution without permission of the copyright holder or payment. The statute does not clearly define fair use. Instead it includes the following factors:
- the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or value of the copyrighted work.
WHEN I CALL, WHO WILL I BE SPEAKING WITH?
When you call or email us, you will be directed to Lior Leser, our Internet lawyer. Mr. Leser enables the development, protection and legal compliance of emerging online technology companies. He helps online, software and other technology companies protect their assets and reach legal compliance across the 50 states and abroad.
Lior Leser, Internet Lawyer, represents clients in online legal compliance issues such as email compliance, online marketing & advertising compliance, software development laws, mobile compliance laws, intellectual property laws, electronic transaction laws, online contest & sweepstakes laws, and online corporate laws. Lior Leser, Internet Lawyer is licensed to practice law in Florida and California.
SERVING CLIENTS NATIONWIDE