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 […]
Widerman Malek Law Blog
DMCA: Notice and Takedown
The Online Copyright Infringement Liability Limitation Act (OCILLA), passed in 1998 as Title II of the Digital Millennium Copyright Act (DMCA), preserves strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in the digital networked environment. The DMCA notification procedures place the burden of […]
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 […]
