FOR IMMUNITY UNDER §§ 512(c) OR (d) FROM COPYRIGHT INFRINGEMENT CLAIMS, SERVICE PROVIDERS MUST RESPOND TO TAKE-DOWN NOTICES REQUIRED CONTENTS OF TAKE-DOWN NOTICEī. CONDITIONS FOR IMMUNITY FROM CLAIMS FOR TAKING DOWN OR REPLACING MATTER CLAIMED TO INFRINGE OR APPARENTLY INFRINGINGĪ. NON-COMPLIANT TAKE-DOWN NOTICE NOT TO BE CONSIDERED REGARDING ACTUAL KNOWLEDGE OR RED FLAG AWARENESS UNDER § 512(c) OR (d)į. FOR THE INFORMATION LOCATION TOOLS SAFE HARBOR §512(d))Į. ADDITIONAL CONDITIONS FOR IMMUNITY FROM COPYRIGHT INFRINGEMENT CLAIMS FOR EACH SAFE HARBORįOR THE TRANSITORY DIGITAL NETWORK COMMUNICATIONS SAFE HARBOR (512(a))įOR THE SYSTEM CACHING SAFE HARBOR (§512(b))įOR THE SYSTEMS STORAGE SAFE HARBOR (§512(c)) REQUIRED FOR ALL SAFE HARBORS: REPEAT INFRINGER POLICY AND “STANDARD TECHNICAL MEASURES”ĭ. WHO QUALIFIES FOR THE SAFE HARBORS: DEFINITIONS OF “SERVICE PROVIDER”Ĭ. IMMUNITY FROM CLAIMS FOR TAKING DOWN OR REPLACING MATTER CLAIMED TO INFRINGE OR APPARENTLY INFRINGINGī. LIMITED IMMUNITY FOR INJUNCTIVE RELIEF ARISING FROM COPYRIGHT INFRINGEMENT CLAIMSĭ. IMMUNITY FROM MONETARY OR NON-INJUNCTIVE EQUITABLE RELIEF FOR COPYRIGHT INFRINGEMENT CLAIMSĬ. SCOPE OF IMMUNITY UNDER THE SAFE HARBORSī. SCOPE OF SAFE HARBORS: OTHER DEFENSES STILL AVAILABLE DMCA Safe Harbors De-Coded reorganizes and imposes logic on the organizational mess that Congress gave us, with links in the Table of Contents and throughout the document that jump you where you need to go. This interactive reworking fixes all that. The important provision that online service providers have no duty to monitor for infringing content is stated in a sub-section headed, “Protection of Privacy.” But the requirements for a valid counter-notice are not found until a thousand words later, in sub-section (g)(3). The contents of a valid take-down notification are set forth in sub-section (c)(3)(A). For example, sub-section (i) is headed “Conditions for Eligibility.” But they aren’t the only conditions others are stated in subsections (a)(1) through (5), (b), (c)(1), and elsewhere. Provisions governing related matters are often scattered through the section, and because the order is not logical, it is difficult to recall where important provisions are to be found. The fourth safe harbor, addresses " information location tools" such as online directories or search engines.įinally, there is a special limitation on liability for nonprofit educational institutions.Organizationally speaking, the Safe Harbors part of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. To aid in filing such a suit, a copyright owner can subpoena a service provider for the identity of an alleged infringer. That takedown can be challenged by the user, but any putback is delayed ten to fourteen business days, long enough for an infringement suit to be filed. The third safe harbor, and the one most commonly associated with the Act, addresses " information residing on systems of networks at the direction of users." This is the "notice and takedown" provision, that says when properly notified of content alleged to be infringing, the service provider will remove it. The second safe harbor addresses " system caching." At the time of the DMCA, it was common for a large service provider to cache copies of web pages that were being frequently accessed by its users, rather than retrieve a new copy each time, to minimize the traffic on the Internet backbone. In addition to the safe harbor, the Act imposes somewhat different injunction requirements for such service providers. The service provider is simply acting as a conduit for these messages, even though it may need to make temporary copies in its routers. The first safe harbor addresses " transitory digital network communications," the routing of messages across the Internet for users. In addition to the specifics of each safe harbor, there is the overall requirement that the service provider adopt a policy for terminating users who are repeat infringers, and that the service provider accommodate and not interfere with standard technological measures to protect copyrighted content. If the conduct of a service provider meets all the specific requirements of a safe harbor, the service provider will not be liable for monetary damages for copyright infringement, although injunctions to stop future infringement are possible. ![]() ![]() ![]() ![]() Title II of the Digital Millennium Copyright Act, the Online Copyright Infringement Liability Limitation Act, added Section 512 to the Copyright Act, providing four distinct safe harbors for online service providers.
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