As attorneys with nearly 20 years of experience in copyright litigation, we fully understand the need to protect your website with copyright registrations and to prosecute those who infringe upon digital and electronic content or illegally downloaded content from the web, a problem which plagues the Internet. Our knowledge of this field means that we are fully equipped to help protect, police and litigate online copyright problems as required by you and your firm. As, you, as the copyright registrant, and not the police, except in certain rare circumstances, are responsible for such policing actions, remember to file your registration prior to publication or within the first three months after publication in order to obtain the option for statutory damages.
Under the Digital Millennium Copyright Act (DMCA), signed by President Clinton on October 28, 1998, digital or electronic content, including websites, photographs, videos, books, and electronic databases obtained copyright protection under United States federal law. Under the WIPO Copyright and Performances and Phonograms Treaties Implementation Act part of the law, member countries are enabled to provide protection to specific works online from other member countries or those created by nationals of another member country. The Online Copyright Infringement Liability Limitation Act (OCILLA), the second part of the act, provides a safe harbor for online and Internet service providers by shielding them from their own direct copyright infringements and from the potential secondary liability for the actions of others who are involved with copyright infringement. The principal aim of this is to find a medium where copyright owners and digital users can mutually compete.
Unfortunately, in practice, the open nature of the Internet means that copyright holders on the web are frequently exposed and vulnerable to infringements. File-sharing networks in particular attract the illegal downloading online of copyrighted video and sound recordings, the latter of which is protected under Sections 501 and 506 of Title 17 of the United States Code, which prohibit their unauthorized reproduction, distribution, and digital transmission. The problem is implicated by the fact that many people wrongly assume that content found on websites is not subject to copyright law and may be freely used and modified without permission. Such infringements are generally poorly policed on the web, and most lack the legal know-how in bringing perpetrators to justice. This is where Greenberg & Lieberman have particular expertise and can make a difference. Please contact us today via telephone or email to discuss the issue you are concerned with.