In addition to prohibiting uploading material that the user does not have a right to, you also need to abide by
DMCA safe harbor provisions.
Not exact matches
UMG's theory would also make the
DMCA's notice - and - takedown
provisions completely superfluous because any service provider that hosted copyrighted material would be disqualified from the section 512 (c)
safe harbor regardless of whether the copyright holder gave notice or whether the service provider otherwise acquired actual or constructive knowledge of specific infringements.
The main concern for a website operator pertains to the
DMCA «
safe harbor»
provisions, which protect against vicarious liability for infringement.
Other tips caution companies not to ignore the
safe harbor provisions of the
DMCA, which can insulate them from liability down the line, or keeping data forever to avoid being compelled to give up user information when subpoenaed by the court.
The
safe harbor provision of the
DMCA states that a «service provider shall not be liable for monetary relief» if all of the following requirements are met:
Co-Author, «California District Court holds user - generated content services are eligible for protection under the
safe harbor provisions of the
DMCA» Orrick Client Alert, January 8, 2009
The
DMCA's
safe harbor and takedown notice
provisions have shaped the evolution of the web we have today, making it possible for services like YouTube to exist without becoming sued into the ground as a result of their users» actions.
That
provision, which is roughly equivalent to the
safe harbor provisions in Section 512 of the
DMCA, gives conditional immunity to Internet platforms for user - uploaded content, and rules out the imposition of a general obligation to monitor such content.
Fortunately, thanks to the
DMCA's
safe -
harbor provisions, website operators can protect themselves from copyright infringement liability that could otherwise arise due to third - party activity on their websites.
NAR has produced a video that explains the changes to the
DMCA and tips for Realtors ® to comply with the
safe harbor provisions.