For starters, the Digital Millennium Copyright Act (DMCA) came into effect on October 28, 1998. This was a law that was designed to protect authors, artists, and other copyright holders 'rights' on the internet. The DMCA's principal innovation in the field of copyright is the exemption from direct and indirect liability of internet service providers and other intermediaries. This exemption was adopted by the European Union in the Electronic Commerce Directive 2000. The Copyright Directive 2001 implemented the 1996 WIPO Copyright Treaty in the EU.
There is a lot of information available on the DMCA so we suggest reading more on it, but here is a basic list for you from the DMCA (the full law regarding infringement can be read here
- You have the right to have your copyrighted material removed in a timely manner... courts have found that 72 business hours typically is "timely"
- You have the right to compensation if you can prove lost income and your work was not removed in a timely manner
- You have the right to file as many DMCA notices as you have copyrighted material
- You have the right to mail our designated copyright agent with the United States, that is Travis McCrea at 1601-788 Jervis St Vancouver, BC V6E0B5 Canada. Note that mailed copyright complaints will take 72 hours to process after the time of receipt our automated system removes the work instantly
- You have the right to disclose any DMCA related mail you recieve from us under the 1st Amendment as well as EbookBike's own copyright policies
In order to have an allegedly infringing web site removed from a service provider's network, or to have access to an allegedly infringing website disabled, the copyright owner must provide notice to the service provider with the following information:
Once notice is given to the service provider, or in circumstances where the service provider discovers the infringing material itself, it is required to expeditiously remove, or disable access to, the material. The safe harbor provisions do not require the service provider to notify the individual responsible for the allegedly infringing material before it has been removed, but they do require notification after the material is removed.
- The name, address, and electronic signature of the complaining party [512(c)(3)(A)(i)]
- The infringing materials and their Internet location [512(c)(3)(A)(ii-iii)], or if the service provider is an "information location tool" such as a search engine, the reference or link to the infringing materials [512(d)(3)].
- Sufficient information to identify the copyrighted works [512(c)(3)(A)(iv)].
- A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of [512(c)(3)(A)(v)].
- A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner [512(c)(3)(A)(vi)].