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This is incorrect. The ISP must act expeditiously. The ten-day period refers to the counter notification procedure described in Section 512(g) after the infringing material has been removed, offering them an opportunity to counter the allegations presented to the ISP not during the stage of the so-called "take down" procedure.
In addition to the two general requirements that online service providers comply with standard technical measures and remove repeat infringers, section 512(c) also requires that the online service providers: 1) do not receive a financial benefit directly attributable to the infringing activity, 2) are not aware of the presence of infringing ...
Six weeks later, YouTube reposted the video. In July 2007, Lenz sued Universal for misrepresentation under the DMCA, and sought a declaration from the court that her use of the copyrighted song was non-infringing. [3] In September 2007, Prince stated in the media that he intended to "reclaim his art on the internet" and to challenge Lenz's suit ...
Despite the letter by the EFF, TI continued to send DMCA notices to websites that posted the keys, but stopped doing so after late 2009. The EFF filed a DMCA Section 512 counter-notice on behalf of three of the bloggers who received DMCA notices. When the EFF did not receive a response by the deadline, the bloggers reposted the content that had ...
Section 512(a) provides safe harbor for service providers who offer "the transmission, routing, or providing of connections for digital online communications, between or among points specified by a user, of material of the user's choosing, without modification to the content of the material as sent or received."
According to the Intellectual Property Enforcement Coordinator (IPEC), which was the position at the White House created by the PRO-IP Act through 15 U.S.C. § 8111 to coordinate U.S. governmental agencies that carry out the law's purpose, [4] several policy rationales informed intellectual property enforcement, including: [2] [5]
This work is in the public domain in the United States because it is a work prepared by an officer or employee of the United States Government as part of that person’s official duties under the terms of Title 17, Chapter 1, Section 105 of the US Code.
[9] 3) Finally, the court certified questions raised by the defendant, which means that : "(a) Whether the DMCA's safe-harbor provisions are applicable to sound recordings fixed prior to February 15, 1972; and (b) Whether, under Viacom International Inc. v. YouTube, Inc., a service provider's viewing of a user-generated video containing all or ...