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US Department of Commerce Internet Policy Task Force Releases DMCA Notice and Takedown Best Practices
Practical Law Legal Update 9-608-4188 (Approx. 3 pages)
US Department of Commerce Internet Policy Task Force Releases DMCA Notice and Takedown Best Practices
by Practical Law Intellectual Property & Technology
| Published on 09 Apr 2015 • USA (National/Federal) |
The US Department of Commerce's Internet Policy Task Force has released a list of Digital Millennium Copyright Act (DMCA) Notice-and-Takedown good, bad and situational practices.
On April 7, 2015 the US Department of Commerce's Internet Policy Task Force released a document entitled DMCA Notice-and-Takedown Processes: List of Good, Bad and Situational Practices. Produced by the participants in a multistakeholder forum, including the National Telecommunications and Information Administration, US Patent and Trademark Office, National Institute of Standards and Technology and International Trade Administration, the document sets out best practices designed to improve the efficiency of the handling and processing of Digital Millenium Copyright Act (DMCA) notices.
The list identifies good and bad general practices for:
- Service Providers, including additional, detailed good practices for service providers when:
- e-mail is the medium used to submit the takedown notice; and
- a web form is the medium used to submit the takedown notice.
- Notice Senders.
- Counter-notice Senders.
The list also identifies situational best practices, discussing:
- Trusted Submitter Programs.
- Acknowledgement and Status Reporting.
- Requesting additional information.
- Security measures.