What is “copyright trolling” and what laws apply to it?
Copyright trolling is a form of advertising law in which a company or individual claims ownership over a copyright and then uses that copyright to demand money from people or companies over alleged copyright infringement. It is a form of extortion, but because copyrights are legal properties, companies can use them to file lawsuits claiming infringement and demand payments from users. In North Carolina, copyright trolling activities are regulated by the Digital Millennium Copyright Act (DMCA), which provides protection to copyright holders from illegal unauthorized uses of digital content. The DMCA also establishes websites, such as YouTube and other web services, as a safe harbor for members who use the services for non-infringing activities. The DMCA requires that websites take specific actions in order to reduce the chances of copyright trolling. The Act requires them to respond to copyright infringement notifications from copyright holders and to identify repeat infringers. Websites must also have a policy for terminating access of repeat infringers. Under the law, copyright trolls must prove that the copyrighted work is theirs, and that the accused user has violated the copyright. If found liable, the accused may be liable for the copyright holder’s attorney fees and monetary damages. Overall, copyright trolling is a form of advertising law that attempts to capitalize on people’s ignorance of the law. It is important for those who want to avoid potential liability to be familiar with copyright law and the DMCA. Additionally, websites must be diligent and take the necessary steps to protect their users from potential copyright trolling.
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