Can DMCA really Protect my Website against Copyright Infringement?

1,324 Views Updated: 06 Sep 2017
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Can DMCA really Protect my Website against Copyright Infringement?

I have my own website where I post stuff but there is a huge threat of content theft on the internet which I have often come across. Recently, I came across a website that claims provide security from copyright infringement for my website and content, and I wish to know whether it's authentic or not. 

Does the website really ensure the safety or is it such a false site making fake claims. Is the protection given by them valid in India or not and after getting my site protected by DMCA, will others be able to use my material and publish it in any form legally? 

(Featured Image Courtesy: University of Technology Sydney)

Posted by: rishabhsinha236412 Posts: (1) Opinions: (1) Points: 70 Rank: 1,011
Answers (3)

Yes, there are many websites that offer protection from copyright infringement. you can google these websites and they are really helpful.

Before I answer your questions, I want to let you know that your website is in fact copyrighted. Copyright is granted automatically upon the creation of intellectual property. Ownership of your own creation is something you have to give up, not something you have to obtain. This is just as true in India as it is in the US because India participates in most of the major international agreements concerning intellectual property law, including the ones that established this standard of ownership. 

But to answer your questions:

1) It’s a fake website, and the services they offer are a scam. The first thing to notice is that the site is not listed in the official DMCA Designated Agent Directory kept by the US Copyright Office. The second thing to notice is that the only free services they offer are (1) a web badge warning people not to infringe on your copyrights, and (2) one free takedown notice filing per year. But a badge is worthless, and filing a takedown notice is already free (no matter how many you file in a year).

They’ll still need you to fill out the paperwork with all of the relevant details, however, so all they’re really doing is sending the takedown notice from their own email address instead of you using your own. Meanwhile, all of the paid services the offer are overpriced, and a quick look at consumer review websites reveals that they don’t even provide those services. They just take people’s money and then close their accounts as soon as anyone asks them to actually do something.

2) As I have already mentioned, India participates in most of the major international agreements concerning intellectual property law. So takedown notices offer roughly the same amount of protection in India as they do in the US. But the specific website you are looking at is a scam that former customers say does not actually provide the services they advertise. So while you should have similar legal protections as someone in the US, that site will not help you enforce your rights.

3) Since you gained copyright to your work when you created it, it is already illegal for others to use your content without your permission. You do not need to pay anyone to gain that protection. If someone infringes your copyright, you can file a takedown notice with them by yourself or use one of the designated agents listed in the directory I linked to above. Most websites have a place to send copyright violation notices. The ones that don’t usually require you to get a designated agent involved. You might have to pay a lawyer to help you enforce your rights if the infringing party ignores your takedown notice. But that would probably be less expensive than paying a fake website for services they have no intention of providing.

I'm not sure about the authenticity of such websites. I would suggest you talk to a few professionals before believing on any such website that claims to increase your security.

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