Who is LAURENCE D. GORE & ASSOC. PA?
The law firm of Laurence D. Gore & Associates P.A. is a top internationally recognized firm in the practice of Travel and Tourism Law. The firm represents numerous travel agencies and tour companies, both small and large. Laurence Gore is the Secretary of IFTTA (International Forum of Travel and Tourism Advocates), former chair of IFTTA North America, and chair of the Travel Law Committee of the Florida Bar, International Law Section. The firm is experienced in numerous tourism law matters, from passenger rights to the purchase and sale of travel agencies. The law firm offers asset protection planning for travel agencies and tour companies. The firm advises clients on licensing matters for travel suppliers and charter services.
What is the Digital Marketing Copyright Act?
In 1998, Congress passed the Digital Millennium Copyright Act (DMCA), which amended U.S. copyright law to address important parts of the relationship between copyright and the Internet. The three main updates were (1) establishing protections for online service providers in certain situations if their users engage in copyright infringement, including by creating the notice-and-takedown system, which allows copyright owners to inform online service providers about infringing material so it can be taken down; (2) encouraging copyright owners to give greater access to their works in digital formats by providing them with legal protections against unauthorized access to their works (for example, hacking passwords or circumventing encryption); and (3) making it unlawful to provide false copyright management information (for example, names of authors and copyright owners, titles of works) or to remove or alter that type of information in certain circumstances.
What is the DMCA Safe Harbor?
Congress passed the DMCA Safe Harbor to encourage website owners and other service providers to engage in the DMCA notice and takedown process. Service providers that took proactive measures such as enlightening their users, collaborating with copyright owners, and eliminating repeated infringers from their platforms were offered protection against potential copyright infringement lawsuits. This protective measure is what is called the DMCA Safe Harbor.
Is the Safe Harbor absolute protection against a claim of Copyright infringement?
The Safe Harbor provisions are only applicable when the direct infringer - the one responsible for the infringement - is someone other than the website owner. If the website owner knowingly carries out the infringing activities themselves, the Safe Harbor does not apply. For example, a website owner cannot take a photograph off of Google and use it on their own site without permission from the copyright owner. However, if a third party provides the photograph and the website owner has no prior knowledge of the infringement, the Safe Harbor will apply.
The essential requirements that most service providers will need to fulfill to qualify for safe harbors and receive immunity from charges of infringement are:
The essential requirements that most service providers will need to fulfill to qualify for safe harbors and receive immunity from charges of infringement are:
- establishing and enforcing a policy to terminate the accounts or subscriptions of repeat infringers;
- educating subscribers and account holders about the repeat infringer policy;
- supporting and not disrupting standard technical methods employed by copyright owners to identify and safeguard their works; and
- appointing agents to receive takedown notices from copyright owners and keeping records for these appointed agents with the U.S. Copyright Office.
- abide by the DMCA takedown and counter-notice process;
- prior to receiving a takedown notice, the service provider must not have prior knowledge of the infringement or any facts or situations that would make the infringement obvious.
What is included in My subscription?
- Laurence D. Gore & Associates, PA. will register with the United States Copyright Office as your Registered Agent.
- You will receive a letter from him of your engagement of his services
- The Registered Agent program lasts three (3) years from the date of Registration with the Copyright Office
- After Registration, you will receive text for insertion into your website's Terms and Conditions. It is your responsibility to put the text on your site.
- If approached by a party claiming copyright infringement, you will immediately contact Laurence Gore, who will ask you questions about the particulars of the claim, provide you with takedown instructions, and who will contact the party to inform them of his Registered Agent status.
