Jonathan D. Bick, Counsel

Did you know that unauthorized Internet site content, including photo use, is subject to copyright infringement statutory damages of $750 up to $300,000, despite lack of intent by the Internet site owner?

Before January 1, 2018, Internet site owners were responsible for adhering to the Digital Millennium Copyright Act (DCMA) on their own. DMCA is a law designed to provide website owners with immunity from statutory damages. A change in the law now requires all entities seeking infringement protection to register with the U.S. Copyright Office and designate an agent to receive copyright complaints.

Website owners can now designate an attorney to be their DCMA agent. Brach Eichler is now offering this service at a cost of $100 every two years.

As part of our role as your “Copyright Agent,” we will:

  • Provide the necessary DMCA registration form and Internet site DMCA notice
  • Perform periodic Internet site DMCA compliance reviews
  • Conduct a mandated periodic certification of DMCA compliance
  • Provide a DMCA renewal monitoring service
  • Perform a no-cost audit of your website to ensure proper copyright language and contacts on the site
  • Advise you of any copyright infringement claims
  • Recommend an initial response to any copyright infringement claims

Please call Jonathan Bick at 973.403.3155 for additional information about how we can help you protect your website, register with the Copyright Office, and comply with the law.

Click here to fill out the Digital Millennium Copyright Agent Engagement Letter and Authorization.

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At Brach Eichler, we are committed to a dynamic and meaningful partnership with our clients. We move forward with a shared vision, one that is carefully crafted and thoughtfully and practically implemented. Together, we achieve success.

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