Turn Off Your Comments or Get Out Your Checkbooks
Did you know that you could be sued for comments people leave on your blog?
That’s right.
If someone posts copyrighted material to your blog, you can be held liable.
A lot of people think that copyright holders will simply ask you to remove the content, but that’s not necessarily true.
It is true that some copyright holders will do that, that they will be reasonable and give you the chance to remove the content, especially if they realize you did not willfully infringe.
However, some will not, and some are taking advantage of a legal loophole in order to sue bloggers.
You see, you are protected from copyright infringement suits under safe harbor provisions of the DMCA. Under this, the copyright holder will send you a notice and you’re safe from a lawsuit if you promptly remove the content.
However, in a less known provision, you must have a registered agent in order to deal with these requests.
It is apparently not sufficient to list a designated agent on your website or blog; you must also register that agent with the Copyright Office.
That’ll cost you $105.
And, if you have more than one website, it’s going to cost you another $30 per group of ten (or fewer) to list them. So, if you have 2-11 websites, it’ll cost you $135.
Read more here: “The $105 Fix That Could Protect You From Copyright-Troll Lawsuits” and download the registration form PDF from the U.S. Copyright Office here.
And, just in case you’re wondering, copyright infringement lawsuits can seek damages starting at $25,000 to $50,000 plus attorney’s fees, etc.
what the what? How can YOU be held liable for OTHER people’s actions? I do NOT understand THAT at all!
By putting up a website or blog, you become a publisher and you become liable for the content published on your site, which includes user-generated content.
Now, typically, a copyright holder will contact you and have it removed, without going through the trouble of a lawsuit. Lawsuits cost money and most people will avoid it if they can.
In Righthaven’s case, however, the newspaper sold their copyrights to this firm that then turns around and sues anyone who has their content appearing on their site. According to the Wired article, they appear to be targeting those who don’t have a registered agent. So, who knows how long it will be before others follow suit?
And that’s the crux of the matter. The DMCA gives you a safe harbor against being sued for stuff like this, however, it appears that recent court rulings have determined that you must have a registered agent in order to meet the qualifications of the safe harbor provisions.
Thus, it is important to spend the $105+ to register.