Using Section 512(f) to Fight DMCA Takedown Notices
Copyright trolls have become a serious problem in recent years, with more and more people using outdated copyright laws to take advantage of an internet and social media landscape that is constantly changing. Using a decades-old law that pre-dated YouTube (let alone hundreds of thousands of fan sites on Instagram), the Digital Millennium Copyright Act (DMCA) allows anyone to send automated notices to social media sites claiming that they own copyrights on content used by certain accounts on the sites. The objective of malicious DMCA trolling is typically to shut down the victim’s social media account. This is most commonly done because of personal jealousy, animosity, and/or retribution. Unfortunately, social media sites and their users are often powerless to do anything about it.
Could there be a new tool in the arsenal of copyright lawyers who look to aggressively defend individuals against fraudulent DMCA takedown notices? Keep reading this blog to find out.
What Is Section 512(f) of the DMCA?
The drafters of the DMCA statute wanted to prevent abuse of the system, which is meant to protect legitimate copyrights. So, they included a subsection called “Section 512(f),” which allows victims to sue if they are served with a DMCA takedown notice that is fraudulent.
Until recently, however, this provision in the law has not been put to good use by copyright defense lawyers. Since the DMCA was enacted in 1998, Section 512(f) has been only a “weak counterpressure on sending DMCA notices,” according to many commentators. In fact, one leading writer stated bluntly, “Section 512(f) of the DMCA is effectively dead.”
Hope for the Future of Section 512(f) as a Tool to Fight Copyright Trolls
Despite the long history of Section 512(f) being largely ineffective at stopping fraudulent DMCA takedown notices from copyright trolls, a recent order from the Central District Court of California has breathed new life into Section 512(f) and provided some measure of hope that victims of DMCA fraud can make dishonest people pay for their misdeeds.
Contact the California Copyright Defense Lawyers at Tauler Smith LLP Today
Have you been served with a DMCA takedown notice? The Los Angeles copyright defense lawyers at Tauler Smith LLP can help you. Contact us anytime by calling 310-590-3927, or by filling out the contact form.
