DMCA SAFE HARBOR

Protecting The Service Providers

Just as copyright owners have rights, so do the service providers through the DMCA. This law grants a safe harbor for the following activities for service providers:

• Providing of networks and infrastructure;
• Coaching of infringing activities;
• Hosting and storage of infringing activities; and
• Linking, directing and providing other tools that points users to infringing activities.

Notably, these safe harbors will only be applied if someone other than the service provider is considered the infringer. If the service provider is the one at fault, safe harbors are not applicable.

So as long as a service provider meets the requirements for threshold prerequisites or all four safe harbors apply, then immunity will be granted from copyright infringement liability. 

Threshold Requirements to Satisfy DMCA

The following are the required threshold prerequisites needed to qualify for the safe harbors:

• Adopting and implementing a policy of terminating the accounts or subscriptions of repeat infringers;
• Informing subscribers and account holders of the repeat infringer policy;
• Accommodating and not interfering with standard technical measures used by copyright owners to identify and protect their works; and
• Designating agents to receive takedown notices from copyright owners ad recording those designated agents with the U.S. Copyright Office;

DMCA Safe Harbor for Hosting, Storage and Linking

In addition to meeting these above threshold requirements, the safe harbors for hosting/storage and for linking only apply if the service provider:

• complies with the DMCA takedown;
• provides a counter notice process; and
• prior to receiving a takedown notice, the service provider is not aware of the infringement or of facts or circumstances that would make the infringement apparent.

Wilson Whitaker Rynell

The attorneys here at Wilson Whitaker Rynell are equipped with the knowledge to guide you in your copyright legal matters. If you are a service provider or have a business that is facing possible litigation due to a copyright issue, please contact our office for a free consultation.