DMCA handbook for online service providers, websites, and copyright owners

Case law and processes under the Digital Millennium Copyright Act (DMCA) continue to change, reflecting the evolving online environment. This handbook provides an understanding of what online service providers (OSPs and ISPs), website owners, content creators, and copyright owners need to know to protect their online interests and enjoy immunity from infringement. The focus is on the basic requirements to prepare and file the relevant forms and notices while also offering a more in-depth analysis of the DMCA process and case law. In a quick-start guide format, the book provides online access to practice-ready DMCA forms and appendices such as: - Letter the OSP Promptly Sends to Alleged Infringer- DMCA Take-Down Notice Sent by Copyright Owner to OSP (Fill-in or Automated)- DMCA Designated Agent Directory FAQs- DMCA Policy Checklist for OSPs- YouTube's Automated DMCA Take-Down Notice Process and Counternotification Process

Online service providers (OSPs or ISPs) -- Copyright law protection of online content -- Online copyright infringement -- Defenses to online copyright infringement -- Legislative history of the DMCA -- How the DMCA protects OSPs -- How the DMCA protects content creators and copyright owners -- How the DMCA protects infringers -- Overview of the DMCA take-down process -- Limitation of liability of public or nonprofit educational institutions -- Eligibility requirements : transmit safe harbor defense -- Eligibility requirements : cache safe harbor defense -- Eligibility requirements : storage safe harbor defense -- Eligibility requirements : index safe harbor defense -- Designating a DMCA agent and establishing DMCA policies and procedures -- Starting the DMCA take-down process : copyright owner's responsibilities under the DMCA -- OSP's obligations after receipt of a DMCA takedown notice -- Infringer's options in response to a DMCA take-down notice -- OSP's obligations to the copyright owner and infringer upon receipt of a counternotification -- Copyright owner's considerations upon receipt of a counternotification -- OSP's termination of a user's/subscriber's account termination under DMCA -- OSP's obligations if it receives a lawsuit notice before the expiration of ten business days after its receipt of a counternotification -- OSP's obligations if it receives a lawsuit notice after it has restored or enabled the allegedly infringing material -- Copyright owner's DMCA remedies : subpoenas, injunctions, and circumvention lawsuits -- Problems and abuse of DMCA.