Help, I received a copyright complaint!

Copyright complaints can have serious ramifications, and it is important to take them seriously. Even if you feel the copyright complaint is wrong in some basic way — wrong about the facts, or wrong about the allegation of law — you should assess it and determine the appropriate response.

Below, we provide some basic information about the kinds of copyright complaints one might receive, and how to get help. While some kinds of responses can be easily handled by an individual for themselves, others will merit support from an attorney.

Three quick referrals for help:

• UMass Libraries’ Copyright & Information Policy Education Program – We can help you understand what’s happening and refer you to an attorney. We will not provide direct legal representation or legal advice. Contact us at copyright@umass.edu .
• UMass Student Legal Services Office – They can provide direct legal services for students.
• UMass General Counsel – They will provide direct legal advice for UMass-affiliated personnel for UMass-related claims.

DMCA Section 512 (17 USC 512) “take-down” notices

These kinds of notices commonly occur when you have posted content online, and someone has decided that it infringes something they own. They filed a “take down” notice with your ISP, and your ISP has contacted you about it and may have already taken down your content.

Examples might include using someone else’s photograph, poem, song lyrics, or portions of a text on a blog entry.

What can you do? You should assess the validity of the claim, and decide if (a) the claimant is correct and you should leave the content down, or (b) the claimant is incorrect and you should respond with a “counternotice”, to have your content reinstated. A claimant might be wrong because they mistakenly believe they own the content, or because they are unaware that you have permission, or because they have not taken into account your potential fair use or other defense.

YouTube, Vimeo, or other content host “copyright flag”

These notifications from a hosting service may be triggered by a Section 512 notice, or, more often, they are produced by automated algorithmic process, matching content that you uploaded to content in rightsholder databases.

What can you do? Review the copyright claim and provide an alternate explanation if appropriate. For instance, on YouTube, a ContentID notice will include information about the allegedly copied content, as well as the action the rightsholder has requested. These generally include (a) de-listing and blocking the content; (b) allowing you to keep the content but monetizing the content for the rightsholder complainant; or (c) allowing you to keep the content but not permitting you to monetize it (earn ad revenue from it).

Common errors in automated algorithms include mistakes — for instance, you record your own performance of a Mozart composition, which is in the public domain, but ContentID mistook your performance for one by popular recording artist Yo-Yo Ma. Another example would be ContentID failing to recognize that your use was a fair use, incorporating clips and critical commentary to make a review or critical essay. In either case, you can respond to YouTube, explain why you think they got it wrong, and they will review your response and potentially put the content back up again. At that point, if the rightsholder still believes that your content infringes, the rightsholder can file a lawsuit.

Internet access provider notice

These are notices not for posting content, but most often for downloading content, or occasionally for hosting a bittorrent or other filesharing service. Common scenario: You or someone on your Internet connection has been downloading or uploading content using peer-to-peer filesharing services.

What can you do? Respond to your Internet access provider and provide an alternate explanation if possible. At UMass Amherst, students who receive such notices can talk to the IT Department (which has an educational process for students accessed of copyright infringement). Students who wish to talk to legal counsel about their rights can reach out to the UMass Student Legal Services Office (SLSO). Faculty or staff who receive such notices may reach out to UMass IT, or to UMass General Counsel.

Letter complaint

If you get an official letter from a rightsholder, publisher, or law firm, listing a variety of complaints and potential damages, you should of course take it seriously. That does not mean that their claim is valid, but you should carefully consider whether their claim is valid, and, if so, how you should respond.

Copyright “Small Claims” Notice

If you receive a “Copyright Small Claims” notice, it will be so labeled, and include a docket number from the Copyright Claims Board. It is important to respond to this kind of notice in a timely fashion, because “small claims” can include claims up to $30,000. If you don’t respond, the court can enter a “default judgment” with damages up to $30,000. You can respond by (1) “opting out” of the small claims procedure, in which case the complainant has to decide if it is worth it to file a suit, or (2) accepting the small claims process, and arguing your case in the Copyright Small Claims Board tribunal.

See “Copyright Small Claims” for more information.

Notice of Copyright Suit

Finally, of course, it is possible to get a notice that a lawsuit has been filed against you. It would be unusual to get such a notice without having previously been asked to respond to a complaint, but it is possible. If you receive a notice that a copyright infringement has been filed against you, you should seek an attorney’s counsel immediately. If you have received this claim for work you have done on behalf of the University of Massachusetts, you should reach out to the Office of General Counsel. If it is not related to UMass work, General Counsel, the Student Legal Services Office, or the Libraries’ Copyright and Information Policy office may be able to provide you basic information about the claims and referrals to qualified legal counsel.