Hi, Just a quick question, I had a DMCA complained recieved at my inbox a few days ago. What is the signature requirement of the complaint? (in general). I have replied, requesting that the DMCA be faxed, and physically signed to me.
They do not have to fax you anything; they are allowed to make an electronic signature and send it within an e-mail. Whether an electronic signature includes typing their name or requires a scanned image of their physical signature, I am not sure. I do know that there is no obligation for them to use fax as the mode of communication with you. Really, if you are violating their copyright, why would you bother to demand that they take extra steps in order for you to remove the infringing material? I should point out that if it was you who posted the material rather than a user of your service, the owner of the copyrighted content does not even have to file a DMCA notice, and already has the right to sue you. This is something to think about before making them jump through unnecessary hoops.
The link to the infringed file and the file itself was removed weeks prior to recieving the DMCA, when staff noticed files were being accessed. It wasn't me who posted the materials. I live in the UK, so I really don't have anyone to contact about DMCA.
DMCA is US Law that provides a US provider/host with "safe harbor" from prosecution if a client posts copyrighted material and the provider takes it down in a timely manner after receiving proper notification. As such deuterium wants to know what the procedure is that allows him to take down material without being hasty and taking down legit content. Google and others have quite strict requirements before they will take down content. http://www.google.com/dmca.html I've used Google's requirements as template in drafting DMCA complaints against other providers. http://www.law.cornell.edu/uscode/17/usc_sec_17_00000512----000-.html (3) Elements of notification.— (A) To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: (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.... My understanding of the above is that a scanned signature is as good as a Fax. IANAL.
Hi, thanks It wasn't a scanned signature - I don't think just writing your name: Regards, name Legal Organisation [on behalf of ...] counts as signature? It doesn't in the UK.
I am based in the Uk, You can, and are, able to sign for items digitally [court documents can be served upon someone digitally, as such on Twitter]. You really do not need to be bothered with the need of a signature, You should be more bothered that you have received a a DMCA and take action so that it doe snot happen in future.