Massachusetts Notice of Copyrighted Material on Website and Waiver of Liability

State:
Multi-State
Control #:
US-00689BG
Format:
Word; 
Rich Text
Instant download

Description

This form presents a general disclaimer relating to the copyright status of the content on the Web site.

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FAQ

The law provides a range from $200 to $150,000 for each work infringed. Infringer pays for all attorneys fees and court costs. The Court can issue an injunction to stop the infringing acts. The Court can impound the illegal works.

Using creative works such as a logo, photo, image or text without permission can infringe copyright law. All businesses need to understand how to legally use copyrighted material. If you break copyright law even by accident you can face large fines and even imprisonment.

What is fair use? Fair use allows limited use of copyrighted material without permission from the copyright holder for purposes such as criticism, parody, news reporting, research and scholarship, and teaching.

If you use a copyrighted work without authorization, the owner may be entitled to bring an infringement action against you. There are circumstances under the fair use doctrine where a quote or a sample may be used without permission.

In its most general sense, a fair use is any copying of copyrighted material done for a limited and transformative purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.

One who knowingly induces, causes or materially contributes to copyright infringement, by another but who has not committed or participated in the infringing acts him or herself, may be held liable as a contributory infringer if he or she had knowledge, or reason to know, of the infringement.

As the creator, owner, or holder of the copyrighted material, it's up to you to enforce your rights to stop the infringing activity. Perhaps the most straightforward and commonly used method to stop copyright infringement is to send a so-called Copyright Infringement Notice directly to the offending party.

A Copyright Infringement Notice should identify the copyrighted work or works that have been infringed on by another party. At a minimum, the letter should also identify the work that is infringing on your copyright, including any relevant details.

An owner of a copyright can waive copyright protection only if there is intent by the copyright proprietor to surrender rights in his work. Under common-law copyright, ownership of copyrighted property is absolute until one voluntarily parted with the same.

Generally, there are two main defenses that can be raised against a copyright infringement claim: (1) challenging the alleged copyright owner's claim to ownership; and (2) challenging an alleged violation of a right.

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Massachusetts Notice of Copyrighted Material on Website and Waiver of Liability