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Legal Repercussions for DMCA Violation For example, civil penalties include damages and legal fees. The minimum fine is $750 per downloaded file. Criminal penalties, even for first-time offenders, can be stiff: up to $250,000 in fines and five years in prison.
The DMCA notice and takedown process is a tool for copyright holders to get user-uploaded material that infringes their copyrights taken down off of websites and other internet sites.
Where the court finds that the infringement was willful, civil statutory damages may be increased to up to $150,000. Under certain circumstances, violators can also face criminal penalties up to $2,500, and/or imprisonment for up to 10 years (17 U.S.C.
The DMCA imposes certain requirements including the duty to respond to takedown notices and remove any infringing content. In order to be in compliance with the DMCA, your business must: Avoid using or hosting copyrighted content. Establish notice and takedown procedures.
Downloading or uploading copyrighted work without authority constitutes an infringement. Willful copyright infringement can result in criminal penalties including imprisonment of up to five years and fines of up to $250,000 per offense. Copyright infringement can also result in civil judgments.
If the rightsholder decides to issue a DMCA takedown notice, you must file a formal counter-notice. If you do not, YouTube places a ?strike? on your account and requires you to complete a mandatory online class from its ?Copyright School.? After 3 strikes, your account gets cancelled.
To get started you can submit your request with DMCA.com here: DMCA Takedown Form. If someone has stolen your content and is publishing it without your permission on another website, DMCA.com can help. Simply submit the name and location of where you found your stolen content and we go to work on your behalf.
Legal Repercussions for DMCA Violation The minimum fine is $750 per downloaded file. Criminal penalties, even for first-time offenders, can be stiff: up to $250,000 in fines and five years in prison.