Chilling Effects Clearinghouse: DMCA Safe Harbor
Quick Search:
Clearinghouse Topics:
Related Topics
This Topic: DMCA Safe Harbor
Topic maintained by Chilling Effects
DMCA Safe Harbor
In the online world, the potentially infringing activities of individuals are stored and transmitted through the networks of third parties. Web site hosting services, Internet service providers, and search engines that link to materials on the Web are just some of the service providers that transmit materials created by others.Section 512 of the Digital Millennium Copyright Act (DMCA) protects online service providers (OSPs) from liability for information posted or transmitted by subscribers if they quickly remove or disable access to material identified in a copyright holder's complaint.
In order to qualify for safe harbor protection, a service provider who hosts content must:
- have no knowledge of, or financial benefit from, infringing activity on its network
- have a copyright policy and provide proper notification of that policy to its subscribers
- list an agent to deal with copyright complaints
While the safe harbor provisions provide a way for individuals to object to the removal of their materials once taken down, they do not require service providers to notify those individuals before their allegedly infringing materials are removed. If the material on your site does not infringe the intellectual property rights of a copyright owner and it has been improperly removed from the Web, you can file a counter-notice with the service provider, who must transmit it to the person who made the complaint. If the copyright owner does not notify the service provider within 14 business days that it has filed a claim against you in court, your materials can be restored to the Internet.
For more information, see the Frequently Asked Questions about DMCA Safe Harbor.
Recent C&Ds
DMCA (Copyright) Complaint to Google,DMM.com Labo, Ltd., May 10, 2014
Adult Video DMCA (Copyright) Complaint to Google, Colbette Holdings Limited, May 10, 2014
DMCA (Copyright) Complaint to Google,Paramount, May 10, 2014
Adult Video DMCA (Copyright) Complaint to Google, Drew Entertainment, LLC, May 10, 2014
Adult Video DMCA (Copyright) Complaint to Google, Hydentra L.P, May 10, 2014
Related News
Nuking a Facebook Page on Bogus Copyright Grounds is Easy [via TorrentFreak], Andy,TorrentFreak, March 24, 2014
Eric Holder Answers Question About Kim Dotcom Prosecution, Mike Masnick, TechDirt, May 09, 2013
Textbook Publisher Pearson Takes Down 1.5 Million Teacher And Student Blogs With A Single DMCA Notic, Tim Cushing, TechDirt, October 15, 2012
The RIA of Japan Suggests ISPs Could Avoid Liability by Monitoring Users' Downloads, "enigmax", TorrentFreak, June 24, 2012
Google's refusal to take down anti-Muslim Video driven by fears for safe Harbor, Robert Cringely, http://www.cringely.com, September 17, 2012
Related Resources
Fair Use Network, (Online information resource)
Service Provider Designation of Agent for Notification of Claims of Infringement, Library of Congress
_
Nenhum comentário:
Postar um comentário