DMCA Safe Harbor Requirements
*DMCA Safe Harbor Requirements* A Website is immune from copyright infringement under the Safe Harbor if they: – Don’t know about the infringement and are not aware of red flags making the infringement apparent, – Once the infringement is known, you must expeditiously take down the infringing material, – Don’t directly financially benefit from the infringing materials, – Designate an agent for receipt of copyright claims both on its own website and in an online U.S. Copyright Office filing, – Manage and implement a notice and takedown procedure in compliance with the Safe Harbor, and – Adopt and implement a repeat infringer policy. To comply with the notice and takedown procedure, the website must: – Create a DMCA Policy and provide it to the site’s users (usually in the site’s Terms of Use), – Expeditiously remove infringing material or block access on proper notice, and – Implement a counter-notice process (optional). YouTube, Facebook, Steam and other platforms all comply with this safe harbor. This immunize them from a large swath of suits by users. The DMCA covers U.S. copyright only, not trademark, patent, defamation or foreign copyright. However, it is not uncommon for a website to voluntarily provide DMCA-like notice and take down procedures for all intellectual property claims. https://buchwaldlaw.com/2017/08/dmca-copyright-safe-harbor-explained-website...
participants (1)
-
Gunnar Larson