(And website owners should be sure to follow through on this statement, as leaving infringing material up will disqualify the business
from safe harbor protection.)
Richard Davies, senior managing director of defined contribution and co-head North America at AllianceBernstein Institutional Investments, says the finding that roughly half of plan sponsors do not take advantage of
QDIA safe harbor protections seems to parallel the finding that more than one - third of plan sponsors do not actually know they are fiduciaries.
Many have mistakenly believed that if a service provider fails to
get safe harbor protection, it is automatically liable for infringement occasioned by user generated content uploaded to the service.
FinCEN's Advisory even indicates that real estate professionals are covered by the Bank Secrecy Act's
safe harbor protection from liability related to the filing of a suspicious activity report.
NAR believes
this safe harbor protection would include MLSs and participants and subscribers hosting an IDX feed, provided they comply with the DMCA safe harbor requirements.
Without taking advantage of
the safe harbor protections, you may be liable for copyright infringement.
It is important to note that brokerage firms and agents looking to claim — or maintain —
the safe harbor protections established under the DMCA must electronically register their designated agent prior to December 31, 2017.