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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: Notice and Counter-Notice

For websites that allow user generated content (UGC), the online service provider (OSP) and the copyright holder share responsibility for combating infringement.  Part of that responsibility includes properly notifying each other with regard to alleged infringement. If a copyright owner or other party complaining of infringement fails to fully comply with the elements of notification […]

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 […]

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