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Copyright Part II: DMCA

Level: Intermediate
Runtime: 57 minutes
Recorded Date: December 06, 2018
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  • Brief recap of copyright basics, the rights copyright holders are granted, the different types of infringement
  • Examining the basics of the Digital Millennium Copyright Act, what it applies to, and how it complicates rules surrounding service providers and website operators relying on user-generated content
  • Understanding the DMCA's "Safe Harbor" under Section 512, its importance and the affirmative steps required to take advantage of it
  • Practice notes for understanding the DMCA's day-to-day iimplications for website operators (including sending or handling DMCA takedown notices and counter-notices)
  • Outlining the nature of other complications to basic copyright and infringement analysis discussed later in the series, including fair use.
Runtime: 1 hour
Recorded: December 6, 2018


In-house and non-IP attorneys often represent clients with websites and apps. Any project that accepts user-generated content (comments, user uploads, etc.) or is simply hosted on a server (every website) overlaps with the DMCA such that the basic copyright infringement analyses become much more complicated. Understanding the DMCA provides both a sword to defend your client’s copyrights quickly and effectively as well as a shield to avoid infringement liability because of the actions of third parties using your client’s website/app/service. Solo and in-house practitioners may get questions that may be difficult to answer without background on the DMCA.

This course is the second part of our series on copyright basics. It can be watched on its own or as part of a series. We walk through the basics of the Digital Millennium Copyright Act which complicates traditional copyright analysis in the online context.

We will discuss who it applies to and what it means to be a “service provider” which is particularly of note for clients who run websites that accept user-generated content (user uploads). We’ll also discuss how to take advantage of the streamlined “DMCA takedown notice” process if your client’s work is infringed and take advantage of the safe harbor and respond if your client is accused of hosting infringing content.

This program was recorded on December 6th, 2018.

Provided By

New Media Rights
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Art Neil

Founder/Executive Director
New Media Rights

Art is the founder and Executive Director of New Media Rights, and specializes in internet, intellectual property, privacy, and media law. As an adjunct professor at California Western School of Law, Art teaches Internet & Social Media Law as well as the Internet & Media Law Clinic. He writes about legal issues for creators and small businesses as a Contributor for Forbes.

Art is the author of the book Don’t Panic: A Legal Guide (in plain English) for Small Businesses and Creative Professionals which is used by universities across the country to teach legal concepts to students. He is also is the creator of the Fair Use App, which is licensed by the University of California to teach concepts surrounding fair use and content reuse to staff and faculty.

In 2011, 2013, and 2015 Art was appointed as a member of the Federal Communication Commission’s Consumer Advisory Committee, where he served as Co-chair of the Broadband Working Group. He has published numerous articles on copyright and net neutrality including in the Journal for Internet Law, the Tulane Intellectual Property Law and Technology Journal, and CEB Business Law Quarterly (a publication of the State Bar of California and the University of California), among others. He speaks regularly on his areas of expertise, and has been a speaker at the Copyright Society of the USA, the American Intellectual Property Law Association, and the California State Bar Intellectual Property conference.

Art received his J.D. from University of San Diego School of Law in 2006, and his B.A. from the College of William & Mary in 2001.

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Shaun Spalding

Assistant Director
New Media Rights

Shaun Spalding is Assistant Director of New Media Rights and an IP attorney specializing in digital entertainment transactions and licensing. New Media Rights is a non-profit that represents creators and startups working on educational or innovative projects who may not otherwise be able to afford legal services.

In private practice, Shaun represented a handful of the top-40 most watched and subscribed to Youtube channels in the world.

Shaun is an adjunct professor at California Western School of Law teaching an Internet and Media Law clinical course. Outside of academia, over 10,000 working creators have enrolled in his online courses aimed at teaching legal basics to creatives.

Before practicing law, Shaun worked as a commercial filmmaker producing and directing brand integrations for companies like SWISS Airlines, Sharp Televisions, the Motion Picture Association of America, and Henkel.

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