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  1. The Digital Millennium Copyright Act, signed into law on October 28, 1998, amended the United States Copyright Act, Title 17 of the U.S. Code, to provide in part certain limitations on the liability of online service providers (OSPs) for copyright infringement. Subsection 512©of the Copyright Act provides limitations on service provider liability for storage, at the direction of a user, of copyrighted material residing on a system or network controlled or operated by or for the service provider, if, among other things, the service provider has designated an agent to receive notifications of claimed infringement by providing contact information to the Copyright Office and by posting such information on the service provider’s website in a location accessible to the public. The provision of information to the Copyright Office about the service provider’s designated agent is a condition for reliance on the limitations on liability for service providers. http://www.copyright.gov/onlinesp/
  2. Hi, I see tons of websites explaining what is the responsibility of a DMCA agent, and why website publishers should designate a DMCA agent to handle any DMCA takedown notices. I also find a lot of articles or services for DMCA takedown services. But I can't find any DMCA agent or DMCA agent services. Are designated DMCA agents usually lawyers? Any business or copyright lawyer? Is there a flat fee for using the services of such agent or we have to pay this agent/lawyer for every single takedown notice he receives? And how much would that be approximately? Thanks.
  3. Are there ways, other than the creation of an LLC/Corporation, to get limited liability for the owners of a website? The website is a side project of us (not officially launched yet) and will mainly contain user generated content. Revenues may be based on ads but will not happen in the near future after launch. Such ways would need to allow us to benefit from DMCA Safe-Harbor, and stay personally protected against lawsuits concerning infringements of copyrights, trademarks, patents, etc. Thanks.
  4. Thanks for the quick reply. I am posting this question here to see if other people that have created an online business and registered it out of their home state had to also register it as a foreign entity in their home state. I will indeed ask attorneys licensed in these 2 states. I wanted to get general advice, warning or notes for people or lawyers that have dealt with this kind of situation. The sources of revenues for the website that this business is about are: - ads revenue (google adsense and equivalents) - affiliate links (like amazon affiliate program that pays the website an "advertising fee" (a percentage) of the item a consumer bought to them). As it comes to my mind now, does selling a service (like a VIP access to a website) constitute doing business in the state of the person who pays for such service? For example, is Netflix "doing business" in Alaska if an Alaska resident buys a subscription to their website/service (which is strictly online)?
  5. A friend and I would like to form an LLC for our website business, and register it in Wyoming (being easy to setup, cheap, and have no income tax on the corporate level, and for limited liability protection). We live respectively in North Carolina and Ontario, Canada. We do not have offices and work from home in parallel to our day job. The revenues will be based on ads and other online-only activities. It is not clear to us in which circumstances an LLC must be registered as foreign entity where the members live or work. I do not know if our online business (website worked on from 2 different home locations, with ads revenues) applies to the NC law 17 NCAC 05C .0102 DOING BUSINESS DEFINED found here: http://reports.oah.state.nc.us/ncac/title%2017%20-%20revenue/chapter%2005%20-%20corporate%20franchise,%20income,%20and%20insurance%20taxes/subchapter%20c/17%20ncac%2005c%20.0102.pdf And same question for the Ontario equivalent: http://www.e-laws.gov.on.ca/html/statutes/english/elaws_statutes_90e27_e.htm A Wyoming LLC seems like a good option for our case, only if we don't have to register a foreign entity in our 2 respective states (is that even possible?). Also, we would like to avoid having to change everything if one of us moves to a different state. Thank you.
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