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jackcmp

Where to find a DMCA agent? And how much does it cost?

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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.

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I've never heard of a DMCA agent. Large and small companies have law firms/internal Counsel who handles these matters. As far as payment, attorneys usually work by an hourly rate. If Attorneys like myself who practice in this area as usually charge fixed fee rates depending on volume, etc.

Most of my clients however use me on an as needed basis for these types of matters.

Hope this helps.

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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/

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Not sure what your question was in the last post, but you should really speak to an attorney if you want to make sure that you not only satisfy the ALL of the conditions of the ACT in order to best protect you, but also to ensure that the applicability of the rules and regs are properly being applied.

 

You should not rely on my comments nor anyone else's who is not:

1. An Attorney;

2. Been fully and completely apprised of your circumstance; and

3. Who you enter into a written legal agreement with.

 

Good luck.

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Are designated DMCA agents usually lawyers?

 

I wouldn't say "usually."  Sometimes they are; sometimes they aren't.

 

 

 

Any business or copyright lawyer?

 

This isn't a complete sentence or at all coherent.

 

 

 

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?

 

I think it's probably safe to say that most DMCA agents are employees of the companies for whom they serve as agents.  Beyond that, the existence and extent of any compensation paid is entirely a matter of negotiation between the agent and principal.

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