How long to respond to copyright infringement takedown request

[user07]

What is the name of your state (only U.S. law)? Idaho

I have been sent an email with a request to remove content from my website that the author feels violates his book's copyright. The material is not copied and I claim fair use of the subject matter, which overlaps. I do not charge for the information and it is educational in nature. The material in question is available online from other sources, but I believe the issue will be in terms of material compiled into a collection of works.

I don't expect you to solve the question of whether it is fair use, but any resources would be helpful to understand the law with regard to collected works.

I would especially like to know what rights I have in terms of responding:

How long do I have to respond to the request and in what form should this take?
Do I have to take down the material before getting advice on whether there is any infringement and what is a reasonable amount of time to leave the material up without putting myself at significant risk?

I have started the process of consulting an attorney, but the process of connecting and getting advice could take some time depending on their workload.

Thank you.

 

[OHRoadwarrior]

How much are you willing to spend defending your fair use rights in court?

 

[user07]

How much are you willing to spend defending your fair use rights in court?

I am willing to spend to defend it. How much should I expect it will take?

 

[quincy]

What is the name of your state (only U.S. law)? Idaho

I have been sent an email with a request to remove content from my website that the author feels violates his book's copyright. The material is not copied and I claim fair use of the subject matter, which overlaps. I do not charge for the information and it is educational in nature. The material in question is available online from other sources, but I believe the issue will be in terms of material compiled into a collection of works.

I don't expect you to solve the question of whether it is fair use, but any resources would be helpful to understand the law with regard to collected works.

I would especially like to know what rights I have in terms of responding:

How long do I have to respond to the request and in what form should this take?
Do I have to take down the material before getting advice on whether there is any infringement and what is a reasonable amount of time to leave the material up without putting myself at significant risk?

I have started the process of consulting an attorney, but the process of connecting and getting advice could take some time depending on their workload.

Thank you.

For a collective work, you must get permission from the owner of the copyrights if the works you are using in your collection are not in the public domain.

You received an email from the author or a DMCA notice of infringement? If you received a notice of infringement and you are disputing it, you need to send a counter notice. You can get more information on the Digital Millennium Copyright Act at http://www.copyright.gov. See Section 512.

Not all educational uses will be fair uses of copyrighted material, not all non-profit or non-commercial uses of copyrighted material will be fair uses, and fair use is not permission to use copyrighted material. "Fair use" can be used as a defense to a copyright infringement action filed against you.

It is often smart to remove any "challenged" material after notification of infringement until you have had the opportunity to have an attorney personally review the material in question. If the copyrighted material is registered, you could potentially be held liable for damages of between $750 to $30,000 per infringed work.