For at least some sites and some bloggers, the holiday season has already begun on a rather depressing note. Sites that have posted prices or information from Wal-Mart’s upcoming “Black Friday” advertisements have already been threatened. At least one site, SearchAllDeals, has received a DMCA Takedown Notice regarding it.

Even though the copyright element of the claim is questionable, especially considering that you can not copyright facts, including prices, it is clear that the holidays can introduce a new set of copyright hazards for bloggers and other Webmasters.

So, as we rapidly approach the holiday season, here are five of the biggest copyright hazards that you may need to watch out for as you celebrate the season online. read more

Jeff Rosenstock is the head of Quote Unquote Records, a small, independent label that gives its music away for free on their site.

However, earlier this month, he suffered a setback as his site was pulled down, seemingly for no reason. According to his host, the cause was that they felt he was infringing copyright even though all of the music on his site was content he had the right to distribute, much of it his own, and no one had filed a complaint.

It was an unnecessary and extremely pro-active takedown, but it has had many other bloggers, musicians and filmmakers worried. Could their ISP do the same thing to them and, if so, what could they do about it?

Fortunately, cases such as Rosenstock’s are relatively rare and the odds of it happening to any one person are very slim. But after Rosenstock endured several days of downtime before his site was restored, it has many very nervous about the potential for disaster. read more

In part one, we discussed the DMCA safe harbor provision as it pertains to bloggers, we looked at the elements of the law, what exactly they said and even the elements that compose a proper DMCA notice.

But even though the law itself is generally well understood, that does not mean it is not abused. Some, either through accident or malice, file false DMCA notices and demand removal for content that is not infringing. Others, unwittingly sacrifice the protections the law provides by not responding appropriately.

Bearing in mind that I am not an attorney, it is worth taking a few moments to think about strategies for using and handling DMCA notices. Because, whether you receive one or have to send one, it is best to be prepared for what is expected of you. read more