![]() This means that if a website is informed that a user has posted copyrighted material, but does not promptly take it down, it may sacrifice the protection of its safe harbor. Additionally, a service provider will be disqualified from the safe harbors if it “receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity.” 17 U.S.C. When Can a Service Provider Lose its Safe Harbor?Ī service provider can enjoy protection from copyright infringement liability, but only so long as it does not have actual knowledge that the material or an activity using the material is infringing. For more information about how the DMCA takedown process works, the article in Wikipedia is a good place to start. You will need to designate an email address to which copyright owners can send takedown requests, and publish that email address on your website. The form, directions, and samples of other service providers’ filings are located here. If you run a website and want to make use of the safe harbor, you should file an Interim Designation with the US Copyright office. Most service providers will fall into category C. Providers who store a user’s materials (message boards, website hosts, etc) ĭ. Caching Services which temporarily store material Ĭ. Providers who merely transmit, route, or connect to material ī. Safe harbors apply to the following groups:Ī. Sometimes, a service provider must even take action against its own user, in order to remain protected from liability. Less well-known, however, is that a service provider which falls into one of these categories may lose their protection under two circumstances. To qualify for a safe harbor, a service provider must designate an agent with the copyright office, and must post an email address to which copyright owners can send takedown requests. The Digital Millennium Copyright Act provides several ‘safe harbor’ provisions for four types of service providers, which shield them from liability for copyright infringement. What happens if you run a message board, and discover that one of your users is posting copyrighted material? What happens if you discover your own images, music, or books on such a website? Internet Service Providers and the DMCA – Copyright Infringement OnlineĪs large image-sharing websites proliferate, online copyright infringement is growing more common.
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