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#1381057 by Leah from Emu Creek
Tue Sep 12, 2017 12:03 pm
I was listening to a podcast today - Authority Hacker #82 Internet law. It was talking about DMCA. I've searched in here but it seems most of the posts only focus on people stealing content from your site. There seems to be another aspect of this. the lawyer on the podcast said that anyone who allows a user to upload information to their site (for us it could be a blog comment, C2 page) should be registered as an agent. For example: this would protect you if a user uploaded a photo that they don't have permission to own.
If you google and look on the dmca-directory (I'm guessing I can't post a link so that's the best I can do - just put a / between the two!) The first paragraph on this page spells it out. The lawyer on the podcast also said if you are registered already - you will need to re-register before Dec 17 as they are changing something and aren't rolling over registrations. Apparently it's only $6 to register. So I'm guessing the replies to this will be: the host (SBI) is the "agent" and has to worry about this, we don't. If that's the case, how is this covered: "(1) make certain contact information for the agent available to the public on its website;

From another page: "Still, considering the low cost and the fact the U.S. Copyright Office is requiring every site or service to re-register your DMCA agent, it is important to do this if you host content created by users."

OR is it only a USA thing and SBI is based in mmm I should know this! Canada? I'm in Australia so that just complicates it more.
#1381074 by Jacki from Macleod
Tue Sep 12, 2017 4:53 pm
Leah, thanks for digging this up. They're going to regulate us to death one of these days. :?
#1381095 by Mary from Mico
Wed Sep 13, 2017 12:23 am
Yes. Leah, thank you for posting this.

I look forward to learning the answers.

#1381323 by Leah from Emu Creek
Sat Sep 16, 2017 12:27 am
Well seems like no-one knows the reply. Oh well, and yes to the regulations!

Think of all the shopify stores that are being set up with links to dropshipped items from Aliexpress. I looked at some of these sites and they have nothing - no refund policies (or standard ones that are really bad), no privacy policies. It's just tacky city. At least if you sign up for this it's only $6 for 3 years - it used to be over $100. I just thought with C2 pages, this would be pretty important.
#1381405 by Mary from Mico
Sat Sep 16, 2017 9:45 pm
I sure hope that someone is able to reply to this soon.

It's sure way over my head!

#1381691 by Mike from
Tue Sep 19, 2017 8:14 pm
That regulation specifically says "service providers" which, to me, sounds more like the hosting company rather than individual websites that happen to allow comments. But I've asked a friend of mine who is an expert in online law to see if we can get some clarity.
#1381692 by Mike from
Tue Sep 19, 2017 8:27 pm
My friend replied quickly. :)

Mitch Jackson is an attorney in California and has built a reputation for being an expert in social media and online law. He replied:

The DMCA applies to "online service providers" and that term is defined here So, I don't believe it applies to my personal or law firm business blogs because I'm not an online service provider as defined under the code. If someone uploaded a copyright protected image in a comment to one of my blog posts, I do not believe I would have any liability. My two cents worth.
#1381700 by Mary from Mico
Tue Sep 19, 2017 10:32 pm
Hi Mike,

Thank you for looking into this. Do let us know if you find more.

#1383372 by Leah from Emu Creek
Sun Oct 08, 2017 12:29 pm
That's interesting thanks. For interest sake - the guy on the podcast I listened to was a lawyer also.
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