North Carolina Complaint for Relief Pursuant to Digital Millennium Copyright Act

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Multi-State
Control #:
US-CP0521AM
Format:
Word; 
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This sample form, a detailed Compliant for Relief Pursuant to Digital Millennium Copyright Act document, is for use in the computer, internet and/or software industries. Adapt to fit your circumstances. Available in Word format.
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  • Preview Complaint for Relief Pursuant to Digital Millennium Copyright Act
  • Preview Complaint for Relief Pursuant to Digital Millennium Copyright Act
  • Preview Complaint for Relief Pursuant to Digital Millennium Copyright Act

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FAQ

Provisions of the DMCA. No circumventing digital protections: A ban on circumventing a technological measure or access control technology. No distribution of devices designed to circumvent digital protections: A ban on trafficking in technology that circumvents access-control measures.

The three main updates were (1) establishing protections for online service providers in certain situations if their users engage in copyright infringement, including by creating the notice-and-takedown system, which allows copyright owners to inform online service providers about infringing material so it can be taken ...

The Digital Millennium Copyright Act (DMCA) of 1998 is a federal law that is designed to protect copyright holders from online theft?that is, from the unlawful reproduction or distribution of their works. The DMCA covers music, movies, text and anything that is copyrighted.

The safe harbors shield qualifying online service providers from monetary liability for copyright infringement based on the actions of their users, in exchange for cooperating with copyright owners to expeditiously remove infringing content and meeting certain conditions.

Passed on October 12, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.

This could impose civil and criminal penalties including fines, jail time, and lawyer's fees. Note that the minimal per instance fine associated with copyright infringement for civil penalties is $750.00 and criminal penalties can go as high as $250,000 per instance and five years in prison.

Although current regulations do not specifically provide for detention and seizure of articles that constitute violations of the DMCA, CBP has enforced the DMCA by providing CBP personnel with internal enforcement guidelines and advice on how to enforce DMCA violations.

Some of the key elements of the DMCA: Provides some protection to online service providers from liability for online infringement if conditions are met. Makes circumvention of technology used to protected copyrighted materials a civil and criminal offense. Prohibits tampering with copyright management information.

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North Carolina Complaint for Relief Pursuant to Digital Millennium Copyright Act