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[artchain]

An attorney has filed a DMCA complaint with the host of an online rating site, stating that he owns the copyright on his name,  and the name was used by the rating site without his permission.

A DMCA complaint requires that the filer state, under penalty of perjury, that the claim is true.

Since a name cannot be protected by copyright, would the attorney filing the complaint be subject to sanctions for perjury?

 

[JSonnabend]

I believe the statement is "believed to be true", no?  In any event, file a counter-notice and let the guy sue.  You could send a communication directly to the claimant as well, explaining why he is wrong.

- Jeff

[artchain]

Yes, you are correct about the phrasing.

However, this particular attorney claims Intellectual Property as a specialty.

Hard to argue that he believes his name to be protected by copyright.

 

[Kaitlin]

Is that really what the attorney is claiming?
If so, and he's representing himself as an IP specialist, maybe he knows patent but hasn't a clue about copyright.
-K

[artchain]

I mentioned this "bogus DMCA notice" to Eric Goldman at the Santa Clara University School of Law, and he pointed me to a small study (mentioned in his blog) of DMCA takedown notices.

Although I think this is a particularly egregious example of abuse, it appears that about 30% of DMCA takedown requests are questionable or false.

http://blog.ericgoldman.org/archives/2005/11/dmca_online_saf.htm

He also pointed me to paragraph 512(f) of the DMCA, which provides some recourse against false claims of infringement:

"Any person who knowingly materially misrepresents under [17 U.S.C. § 512] that material or activity is infringing … shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer…who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing….”

    17 U.S.C. § 512(f).