This immunize them from a large swath of suits by users. YouTube, Facebook, Steam and other platforms all comply with this safe harbor. – Implement a counter-notice process (optional). – Expeditiously remove infringing material or block access on proper notice, and
– Create a DMCA Policy and provide it to the site’s users (usually in the site’s Terms of Use), To comply with the notice and takedown procedure, the website must: – Adopt and implement a repeat infringer policy. – Manage and implement a notice and takedown procedure in compliance with the Safe Harbor, and – Designate an agent for receipt of copyright claims both on its own website and in an online U.S. – Don’t directly financially benefit from the infringing materials, – Once the infringement is known, you must expeditiously take down the infringing material, – Don’t know about the infringement and are not aware of red flags making the infringement apparent,
DMCA Safe Harbor RequirementsĪ Website is immune from copyright infringement under the Safe Harbor if they: Only websites which aggregate content from users in a non-selective way are eligible for DMCA protection. The rational for the Safe Harbor is that a platform that allows users to post content is a passive middleman that should be provided immunity from infringement because they do not actively engage in infringing activities.Īccordingly, to be eligible for safe harbor protection, the website must be truly passive, which means: (a) users select and upload content to your site and (b) the content is transmitted to the other users without modification and (c) the transmission, routing, provision of connections or storage must be carried out through an automatic technical process and without the service provider selecting the content. Fortunately, your website can be immune from liability if it abides by the Safe Harbor provisions set out in Section 512 of the DMCA. If someone copies, distributes, performs, or displays another party’s copyrighted content without their authorization, this is copyright infringement.Īs we’ve said, copyright owners can sue those who infringe on their copyright. In this post, we’ll explain some of the key provisions of the DMCA allowing websites to dodge liability for the copyright infringement of their users. To build a platform with great content, you need to understand the DMCA. The Safe Harbor carve out a protection for websites that passively host user content. This is where the Safe Harbor provisions of the DMCA come in. When a copyrighted video is uploaded on YouTube by a user, YouTube is technically liable for copyright infringement for allowing that video to be disseminated on its site. These websites rely heavily on user submissions.
Thanks to the DMCA, YouTube didn’t pay a dime and won the lawsuit. In fact, YouTube once faced a $1 billion lawsuit from Viacom for hosting 160,000 unauthorized clips of their programming. Without the Digital Millennium Copyright Act (DMCA), YouTube, Facebook and Instagram and other similar sites would have most likely been sued out of existence. The Internet would look very different today without the DMCA – a law passed by Congress in 1998, when the Internet was only 7 years old.
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