What Are My Rights Under the DMCA in New Jersey?
The technological boom of the changing millennia drastically changed the lives of a majority of people. Not only did this new technology change how we communicate, shop, and work, but it also altered copyright laws. As such, understanding the relationship between the internet and copyright laws is critical. If you are a creator, familiarizing yourself with your rights under the DMCA is vital. You’ll want to keep reading to learn more about these laws and why you should consider connecting with a Bergen County, NJ copyrights attorney if you are having issues with someone taking your work without authorization.
What Is the DMCA?
The Digital Millennia Copyright Act (DMCA) is a change to previously established copyright laws enacted in 1998 to address growing concerns over internet infringement. Generally, this act aimed to do three things – criminalize the production of machinery and technology used to circumvent copyright, allow owners the right to serve takedown notices, and make it unlawful to give false copyright information.
For example, you may have noticed when trying to screen record a funny clip from a show on the streaming service Netflix that you are unable to do so. Additionally, when Googling a recent movie, you may see “DMCA takedown” notices appear in the search results. These are direct results of this act protecting copyright creators.
A violation of the DMCA can lead to several criminal and civil charges against the offender. What may have been a seemingly innocent movie download from an online website can warrant time spent behind bars and hefty fines.
How Can I Get My Copyrighted Works Removed?
If you have concerns about your copyrighted work appearing on web pages without your consent, understanding the steps you can take to have your creation removed is critical.
Generally, the first thing you should do is contact the website creator or author of the page to have the information removed. They should comply with taking down the material. However, if they refuse or ignore your message, you can reach out to the website host and request they remove the content since the poster refused.
If you discover that neither of these options works, you can file a DMCA takedown notice. Many websites have templates you can use when filing to make the process of submitting a request easier.
When you come across a website posting your creation, you shouldn’t have to accept it as an unfortunate reality of the internet. Instead, you should take the steps to protect your work and livelihood. At the Law Offices of Richard E. Novak, LLC, we understand how frustrating it can be to learn someone else is sharing or profiting off your work without your permission. That’s why our team will do everything possible to assist you through these matters. Contact us today to learn how we can assist you.