(no subject)
So, what do you do if you do get a Online Copyright Infringement Liability Limitation Act (OCILLA) on something that you believe was fair use?
You send a Counter Notification.
From Wikipedia:
Counter notification
An alleged infringer may file a counter notification to the OSP. The counter notification must include (512(g)(3)(A-D)):
(A) A physical or electronic signature of the alleged infringer. (B) Identification of the material that has been removed or to which access has been disabled and the location before removal. (C) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (D) Their name, address, and telephone number, and a statement that they consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that they will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Once a valid counter notification has been received the OSP must:
The first thing you can do to make a difference in the policies is to use the law available. If Livejournal is going to make you take down your work, make them put it back with the same law. See, in the fanfic situation, Livejournal was required by Federal Law to take it down. But if a counter notification is filed, Livejournal has to put it back up. The original work CANNOT be taken back down unless the person who filed the OCILLA files legal action against Livejournal.
You send a Counter Notification.
From Wikipedia:
Counter notification
An alleged infringer may file a counter notification to the OSP. The counter notification must include (512(g)(3)(A-D)):
(A) A physical or electronic signature of the alleged infringer. (B) Identification of the material that has been removed or to which access has been disabled and the location before removal. (C) A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. (D) Their name, address, and telephone number, and a statement that they consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that they will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Once a valid counter notification has been received the OSP must:
- promptly provide the person who filed the original notification with a copy of the counter notification and inform them that the material will be replaced or access to it restored in 10 business days (512(g)(2)(B)).
- replace the material and cease disabling access to it not less than 10 and not more than 14 business days following receipt of the counter notification. This does not apply, and the material should not be replaced, if the designated agent receives notification that legal action to seek a court order to restrain the subscriber from engaging in infringing activity to the material has been commenced (512(g)(2)(C)).
The first thing you can do to make a difference in the policies is to use the law available. If Livejournal is going to make you take down your work, make them put it back with the same law. See, in the fanfic situation, Livejournal was required by Federal Law to take it down. But if a counter notification is filed, Livejournal has to put it back up. The original work CANNOT be taken back down unless the person who filed the OCILLA files legal action against Livejournal.