Do you need the answer right now to one particular question
about the DMCA and its (so-called) "Safe Harbors"? Here
you go! But be warned: we're painting with a broad brush, so
you will have to go further—including seeking legal
advice—for more precise and nuanced answers for your actual
situation. This guide is not legal advice.
The Digital Millennium Copyright Act of 1998 (the
"DMCA") sought to balance the interests of copyright
holders who were afraid of the large scale copyright infringement
that they anticipated with the onset of user-submitted content and
the interests of owners and operators of Internet websites who
wanted to allow their users to post content and communications
without the operators being held liable for possible infringing
acts of some of their users.
The DMCA's solution: copyright law would treat online
service providers ("OSPs") as innocent middle-men in the
underlying disputes between copyright holders and users who posted
infringing content—provided the OSPs met certain conditions.
The DMCA's "safe harbor" regime offers immunity to
claims of copyright infringement if (among other requirements)
online service providers promptly remove or block access to
infringing materials after copyright holders give appropriate
But the devil is in the details. To flag one key point: cribbing
a DMCA policy from another website and posting it on yours is not
enough; if that is all you do, you will not avail yourself of the
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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24 Mar 2017, Conference, California, United States
This full day conference brings together in-house counsel from leading tech companies, practicing lawyers, technologists, privacy advocates and academics. Faculty from the UC Berkeley School of Law will share their latest research and analysis on trans-Atlantic data flows, artificial intelligence, cybersecurity, and government access demands.
The BIO Intellectual Property Counsels Committee Conference offers timely, relevant educational sessions on the latest issues in the biotech IP sector, informal networking events designed to promote discussion and foster relationships among industry colleagues, and practical tips for attendees to use the next day.
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