Legal Question in Intellectual Property in California

Filing a DMCA complaint

One of my actors from a student film I made posted potions of the film on youtube without my consent or knowledge. I believe this infringes my copyright and authorial right to first publication. I also understand that I need to file a DMCA complaint with youtube to get this removed. My question is: can I file the DMCA complaint myself or do I need to go through a third party (ie an attorney). Also would a copy of the original script along with proof that the material was sent to the Library of Congress suffice for the identification of the copyrighted material?


Asked on 4/03/08, 11:02 pm

2 Answers from Attorneys
Johm Smith tom's

Re: Filing a DMCA complaint

You can file the DMCA complaint yourself, just make sure you do it as YouTube requests. I charge $200 to file it; so you might want to do it yourself if you are confident that you can do it properly. I suggest you file it and ask the actor to take it down. I assume you didn't use contacts with your actors. You should always use contracts when you're doing anything worth doing.

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Answered on 4/04/08, 12:13 pm
Linda Klinger Klinger Law Center

Re: Filing a DMCA complaint

Have you asked the individual to remove the content directly? Often trying to resolve the matter without involving attorneys, your ISP, or making a formal complaint is a good idea. If the person refuses to comply, then you will have grounds for a more formal complaint.

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Answered on 4/03/08, 11:29 pm


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