16:06 Nov 22, 2011 |
English language (monolingual) [PRO] Law: Patents, Trademarks, Copyright | |||||||
---|---|---|---|---|---|---|---|
|
| ||||||
| Selected response from: JapanLegal Japan Local time: 14:06 | ||||||
Grading comment
|
Discussion entries: 1 | |
---|---|
internet takedown laws laws that protect OSPs from copyright liability if they remove infringing content upon notice Explanation: In the U.S., Title II of the Digital Millennium Copyright Act (DMCA) sets out the limits on online service provider liability. Basically, sites like Youtube can protect themselves from copyright liability if, after receiving notice of the infringement, they remove infringing content posted by their users. http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Ac... "DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity." "The DMCA has been criticized for making it too easy for copyright owners to encourage website owners to take down allegedly infringing content and links which may in fact not be infringing. When website owners receive a takedown notice it is in their interest not to challenge it, even if it is not clear if infringement is taking place, because if the potentially infringing content is taken down the website will not be held liable. The Electronic Frontier Foundation senior IP attorney Fred von Lohmann has said this is one of the problems with the DMCA." |
| |
Grading comment
| ||