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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 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: 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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