The most common problem for website owners is that their website content may be copied by other websites. This is mitigated by the use of the Digital Millennium Copyright Act which is also called DMCA. The purpose of this law is to help ensure that the stolen content is immediately removed from the website when the copyright holders are able to detect the infringement.
The DMCA protects search engines, web hosts and internet services from having their content, photos, and other information from copyright infringement claims. However this also means that DMCA is also tasked to inform website companies that have infringing materials from retaining the content, especially when they are properly notified.
The process of filing a DMCA notice is frustrating on the part of the copyright holders since it is time consuming. The reason for this is that any mistakes in the DMCA notice will make it more difficult to be implemented since it can be rejected or ignored.
But there are companies that offer to do the DMCA notice and claiming for you for a specific fee. The advantage of using these professional companies is that copyrighted infringed materials can be removed in a period of days. This makes it easier on your part with regards to the steps needed to be taken as well as minimizing stress.
The value of having a professional DMCA service company do the requirements is that they have more experience in forcing the offending website owner to take down the infringed content. The implementation of the DMCA notice is further facilitated with a copy of a properly filed request to the web host provider. A DMCA notice given by a lawyer or a law firm tends to get noticed by the offending party faster rather than when done by an individual. The reason for this is that there are some cases where an individual demanding the removal of the infringed content was ignored by the offending website owner as well as the web host provider due to failure of complying with the proper procedure.
Essential Procedures in DMCA Notices
Some copyright infringement lawyers suggest that the copyright holders have a copyright file with the state or federal government which includes the infringed material or content. This is considered to be a requirement for the DMCA notice since it proves rightful claim. Unfortunately the offending website owner can submit a counter-claim which allows the infringed material or content to be placed online again. If a counter-claim is placed, then the attorney of both parties will have to fight for infringement rights with a judge.
The copyright file is an additional protection for copyright infringement and does not require it to be filed with a state or federal government. The reason for this is that any work in any tangible form such as website content is automatically protected by copyright law. Therefore the burden of proof will still be with the original copyright owner since he or she will have to prove the violation of the copyright. But it is always better to amicable settle with the copyright infringer since legal action against a web host provider is considered to be difficult to win.
The benefit of a copyright file is that the copyright owner is entitled to additional compensation from the copyright infringer.
Even though the DMCA Act is developed to protect website owners from copyright infringement, it is still the burden of the original copyright owner to prove the ownership of the copyrighted material. The act also protects the web host provider since its liability is only on a limited basis. But there are cases where the web host provider loses the DMCA Act protection when they refuse the implementation of a DMCA notice that is properly delivered and written.