What is the Digital Millennium Copyright Act (DMCA) protection?
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes the production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.
Internetidentitycard.com frequently handles cases where someone has found their personal, private name(s) and picture(s) online without their authorization. Often they have been stolen from email, phones, laptops or even cameras.If this happens to you, the Internet Identity Card can help. Internetidentitycard.com has been very successful at getting this kind of personal infringements taken down.
A DMCA Takedown is when content is removed from a website at the request of the owner of the content or the owner of the copyright of the content.
Digital Millennium Copyright Act (“DMCA”) enacted in 1998, prevents others from using images or “work” in general without the permission from the author.
Legal Punishments for Copyright Infringement:
YOU will be fully responsible for ALL fees incured by the individual who had to incur Loss in efforts to get you to take down their photos.
Note: DMCA Takedown does not require the content of the Internet Identity Card to be copyrighted in order for a takedown to occur. The fact that the content is yours, or the subject of a photo/video is you can be sufficient to request a takedown.
If appropriate, start your takedown here: www.internetidentitycard.com/dmca-notice/
What is the Berne Convention protection?
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland, in 1886.
The Internet Identity Card’s © Copyright and Content are Protected in 171+ Countries via the Berne Convention
The Berne Convention formally mandated several aspects of modern copyright law; it introduced the concept that a copyright exists the moment a work is “fixed”, rather than requiring registration. It also enforces a requirement that countries recognize copyrights held by the citizens of all other signatory countries.
What is the UETA and ESIGN Act protection?
You may see the terms ‘UETA’ and ‘ESign Act’ referred to on internetidentitycard.com website and elsewhere in connection with getting legally binding documents signed online. These are both regulatory acts drawn up by the US government to provide legal guidelines for ensuring the validity of electronic records and documents signed online. The Uniform Electronic Transactions Act (‘UETA’) is an Act adopted by 47 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. The Electronic Signatures in Global and National Commerce Act (‘ESIGN’) was passed at the federal level in 2000.
What Do These Acts Mean?
Together these Acts establish guidelines by which electronic records and signatures achieve the same legal standing as traditional paper documents and handwritten signatures. In other words, “A document or signature cannot be denied legal effect or enforceability solely because it is in electronic form.” However, in order to achieve this equal standing, documents signed between parties in the United States must meet the requirements set down by these two Acts before they can be deemed ‘legal and binding’.
What Happens if These Requirements are NOT Met?
Documents that are signed without meeting the requirements set down by ESIGN and UETA may be challenged in court.
Making Internet identity Card Documents Legally Binding:
The Internet Identity Card prepares legally-binding documents in accordance with ESIGN and UETA. Contracts that are signed using Internet Identity Card’s E-Signature will hold up to legal scrutiny, providing an encrypted signature process and a comprehensive audit trail of exactly who signed, what, and when. Following these E-Signature guidelines, combined with our robust security and compliance measures, will ensure that Internet Identity Card’s E-Signature documents have the same legal standing as handwritten signatures on paper documents.
What is Personality rights?
The right of publicity, often called personality rights, is the right of an individual to control the commercial use of his or her name, image, likeness, or other unequivocal aspects of one’s identity. It is generally considered a property right as opposed to a personal right, and as such, the validity of the right of publicity can survive the death of the individual (to varying degrees depending on the jurisdiction).
Personality rights are generally considered to consist of two types of rights: the right of publicity, or to keep one’s image and likeness from being commercially exploited without permission or contractual compensation, which is similar to the use of a trademark; and the right to privacy, or the right to be left alone and not have one’s personality represented publicly without permission. In common law jurisdictions, publicity rights fall into the realm of the tort of passing off. United States jurisprudence has substantially extended this right.
A commonly cited justification for this doctrine, from a policy standpoint, is the notion of natural rights and the idea that every individual should have a right to control how, if at all, his or her “persona” is commercialized by third parties. Usually, the motivation to engage in such commercialization is to help propel sales or visibility for a product or service, which usually amounts to some form of commercial speech (which in turn receives the lowest level of judicial scrutiny). If an individual violates this right they will have to through a lawsuit.
Your right of privacy or publicity is violated when your name, voice, signature, photograph or likeness appears in a work of art and you can be clearly recognized as the subject shown in the work and you have not consented to the use.
The rights of an individual which are likely to be infringed by others are the right to good name, the right to dignity and the right to privacy, which are referred to as personality rights, which is a non-patrimonial interest which cannot exist separately from the individual.
Fraudulent misrepresentation occurs when one makes representation with intent to deceive and with the knowledge that the subject matter is false. An action for fraudulent misrepresentation allows for a remedy of damages and rescission. One can also sue for fraudulent misrepresentation in a tort action. Fraudulent misrepresentation is capable of being made recklessly.
What is the Personal Data Protection Rules in the EU ?
In January 2012, the European Commission proposed a comprehensive reform of data protection rules in the EU.
On 4 May 2016, the official texts of the Regulation and the Directive have been published in the EU Official Journal in all the official languages. While the Regulation will enter into force on 24 May 2016, it shall apply from 25 May 2018. The Directive enters into force on 5 May 2016 and EU Member States have to transpose it into their national law by 6 May 2018.
The objective of this new set of rules is to give citizens back control over of their personal data, and to simplify the regulatory environment for business. The data protection reform is a key enabler of the Digital Single Market which the Commission has prioritised. The reform will allow European citizens and businesses to fully benefit from the digital economy.
Whenever you open a bank account, join a social networking website or book a flight online, you hand over vital personal information such as your name, address, and credit card number.
What happens to this data? Could it fall into the wrong hands? What rights do you have regarding your personal information?
Everyone has the right to the protection of personal data.
Under EU law, personal data can only be gathered legally under strict conditions, for a legitimate purpose. Furthermore, persons or organisations which collect and manage your personal information must protect it from misuse and must respect certain rights of the data owners which are guaranteed by EU law.
Every day within the EU, businesses, public authorities and individuals transfer vast amounts of personal data across borders. Conflicting data protection rules in different countries would disrupt international exchanges. Individuals might also be unwilling to transfer personal data abroad if they were uncertain about the level of protection in other countries.
Therefore, common EU rules have been established to ensure that your personal data enjoys a high standard of protection everywhere in the EU. You have the right to complain and obtain redress if your data is misused anywhere within the EU.
The EU’s Data Protection Directive also foresees specific rules for the transfer of personal data outside the EU to ensure the best possible protection of your data when it is exported abroad.