In some instances, the U.S. Digital Millennium Copyright Act (DMCA), passed in 1998, provides a safe harbor (a limitation on liability) for internet service providers (ISPs) against liability for copyright infringement by their users. An ISP must meet all statutory requirements.
If you provide an Internet website where third parties are able to upload information, including (without limitation) videos, images, audio clips or data or if you provide a search engine, information location tools, or directories, you may be considered an ISP. As such, in order to take advantage of the safe harbor provisions of the U.S. Digital Millenium Copyright Act (“DMCA”), you must register with the U.S. Copyright Office. In addition, contact information for your designated agent and your Copyright Policy should be available to the public on your site(s). Through such registration, notice, and compliance with the DMCA generally, you may be able to avoid liability should a copyright owner allege infringement as a result of third party postings to your site(s).
DMCA limitations on liability were meant to aid in the growth of Internet-based business. Time has certainly changed the way we view, use, and connect through, the Internet. As a result, the U.S. Copyright Office has been reviewing the DMCA to determine if it still meets the needs of copyright owners and online service providers. As of May 21, 2020, the Copyright Office issued its study of the DMCA.
The entire U.S. Copyright Office study can be viewed HERE.
Look for new legislation in the U.S. Congress concerning potential changes to Section 512.
Should you have questions regarding the steps currently required to gain safe harbor from liability for copyright content infringement for which you do not have control and do not monitor, please contact Judith Keene at 720-684-5375 or jkeene@hpdlaw.com.
Nothing herein should be considered legal advice. If you have specific legal issues, please contact a qualified practitioner.
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