DMCA
Protection
Before
starting on your own ACTLab TV station, and definitely
before you begin broadcasting online, you need to be aware
of what you legally can and can not do on the Internet.
I suggest that you first peruse through the pages at Chilling
Effects and the EFF for
comprehensive information regarding your digital rights.
A matter of particular concern, when dealing with internet
broadcasting, are copyright
laws. An accidental infringement can lead to having
your site shut down, or worse, some hefty lawsuits. Fortunately
for you and me, we are provided some protection via the DMCA (specifically Section
512). To recieve protection for you and your site,
YOU MUST APPLY for "Safe Harbor" (as laid out below). This
will cover the storage of materials on your system, as
well as referrals from your site to the stored materials
on another. Chilling Effects offers two very helpful FAQ's
concerning distribution regulations, liabilities, takedown
notifications, and more. You should take a look at them here and here.
To help you out even more, I've compiled the information
and directions found on several sites right here in an
easy to follow guide. All you have to do is fill out a
form, write a check, and mail them in. You also should
prominently list somewhere on your site that you are protected
under the DMCA, and explain the terms of use for your site
(laying out responsibility and infringement notification
procedure). Feel free to use our Terms
of Use as a model. It only takes
a few minutes to fill out the form and send it off, and
in
the
end can
be your
saving grace. For more information, please check out the
sites I have linked to for your convenience.
DESIGNATION
OF AGENT FORM (for DMCA Safe Harbor Protection)
You
can go online and download a printable version of the form here.
Or you can
fill out your own, as long as it meets all of these requirements:
(1) Prominent caption or heading stating that this is your
"Interim Designation of Agent to Receive Notification of
Claimed Infringement";
(2) The full legal name and address of the service provider;
(3) All names under which the service provider is doing business;
(4) The name of the agent designated to receive notification of claimed infringement;
(5) The full address, including a specific number and street name or rural
route, of the
agent designated to receive notification of claimed infringement.
A post office box
or similar designation will not be sufficient except where
it is the only address
that can be used in that geographic location;
(6) The telephone number, facsimile number, and electronic mail address of
the agent
designated to receive notification of claimed infringement.
(7) Signature of "The Interim Designation of Agent to Receive Notification
of Claimed
Infringement," and date.
Send
the completed form along with $30.00 (payable to "Register
of Copyrights") to the following address:
Copyright GC/I&R
P.O. Box 70400
Southwest Station
Washington, D.C. 20024