The Digital Millennium Copyright Act (“DMCA”) includes a “safe harbor” provision which specifies that a “service provider” is not liable for copyright infringement due to the actions of a third-party using the service provider’s facilities (17 USC 512; https://www.law.cornell.edu/uscode/text/17/512).
In general, the DMCA defines a “service provider” as “a provider of online services or network access.”
A service provider will be protected from copyright infringement liability if ALL of the following are true:
The service provider’s DMCA policy should include the name, address, phone number and email address of the service provider’s Designated Agent. Upon receiving a valid take down notice (in form and content), the service provider should take the following actions:
For further information, please feel free to contact us.
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