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Widerman Malek Law Blog

DMCA: Policy Mechanics

To remain eligible for safe harbor under § 512(c), an online service provider (OSP) who allows posting of user-generated content (UGC) must document, implement, and communicate its policy for monitoring, blocking, and removal of infringing content.  The OSP also must be prepared to restore removed material correctly in the event that a takedown notice is successfully challenged […]

DMCA Requirements: Control and Benefit

My last post related how Online Service Providers (OSPs) are subject to disqualification for § 512 safe harbor from copyright infringement liability based on actual or red flag knowledge of user-generated content (UGC) containing infringing material.  Another disqualifier for safe harbor is the OSP’s control of and benefit from the infringing act. Control and Benefit […]

DMCA Requirements: Knowledge

As related in my last post, DMCA sections 512(c) and 512(d) have heightened requirements before copyright infringement liability protection adheres to service providers who support user generated content (UGC). The requirements for the four categories of safe harbors under § 512 can be summarized as follows: Safe Harbor Provider Monitoring Red Flag Test Notice/Takedown (a) Conduit ISP […]

User Generated Content: Safe Harbor?

In an earlier post, I  discussed copyright infringement risks inherent to web sites that facilitate exchange of user-generated content (UGC). As the Internet’s popularity took off in the 1990s, governments of the world recognized the need to reconcile traditional copyright laws with the unique challenges of the information age, including UGC.  In 1998, the Digital Millennium Copyright […]

User Generated Content: Infringing?

From content sharing to crowdsourcing, web sites that facilitate exchange of user-generated content (UGC) are key components in what makes the web … the web!  But of concern for website providers, promotions operators, sponsors, and others that permit third parties to post UGC is the possibility that the user will infringe third-party intellectual property or personal rights.

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