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DMCA provides pitfalls and remedies
By Alan S. Wernick, Esq., as published in Chicago Lawyer
www.wernick.com
Abstract
The Digital Millennium Copyright Act (DMCA) contains many remedies,
as
well as some pitfalls, for copyright owners. However, it also provides
protections for alleged infringers. if your company complies with the
DMCA,
has done the requisite filing, and acts promptly and appropriately upon
receipt of the notice, then it may avoid liability for damages for
copyright
infringement on your company's website. This article discusses a
recent
case where DMCA notices were sent by a copyright owner that resulted in
a
preliminary injunction against the copyright owner, stopping the
copyright
owner from sending further takedown letters without court approval.
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