Defense of Claims – DMCA

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Digital Millennium Copyright Act 

Be careful if you publish or uses the creative work of others, their trademarks, or certain confidential business information without the permission of the owner. You can be liable for violations of intellectual property law. Fortunately, if you allow your site’s user to post this type of content you can protect yourself from copyright infringement claims under the Digital Millennium Copyright Act (DMCA), so long as you establish effective “notice-and-takedown” procedures, promptly remove content when a copyright owner notifies you that it is infringing, and have no knowledge that the material in question is infringing. We advise about liability associated with copyright, trademark, and trade secrets, and Intellectual Property in general.

Further, if you are blogger or social media user who reviews or otherwise writes about products and services, the Federal Trade Commission recently issued “Guides Concerning the Use of Endorsements and Testimonials in Advertising” that may impose disclosure requirements on you. These guidelines mandate that you detail “material connections” you may have with a company whose products or services you “endorse.” Without the legalese, this means that bloggers and social media users must disclose their relationship with a company when they are being paid or otherwise compensated by the company to comment favorably on its products or services. We cover these requirements in the section on Publishing Product or Service Endorsements.

Lastly, as you publish your own words online you may want to correct the material you have previously published. Your willingness to eliminate past errors in your work will provide several benefits. It will make your work more correct and reliable and will likely reduce your liability for defamation and other potential legal claims. Our lawyers detail the benefits of correcting your errors and provide some practical tips for handling requests to correct or remove material in the section on Correcting or Retracting Your Work After Publication.


Call our Pittsburgh offices today for a free consultation about any defamation or invasion of privacy matter in Western Pennsylvania.