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DMCA Safe Harbor Checklist

Under the Digital Millennium Copyright Act (“DMCA”), there are several safe harbors that limit liability of service providers for alleged infringement of copyrighted material.  But a service provider must meet several statutory requirements to be eligible for the safe harbor.  As part of our DMCA services, Autry, Hall, & Cook, LLP helps clients navigate these requirements.  Below is a general checklist that service providers may find helpful to qualify for the safe harbor under the DCMA.

☐  Adopt and reasonably implement a policy for managing users/subscribers who post infringing material, including a policy that addresses repeat infringers

☐  Make the policy available on a publicly accessible portion of your website

☐  Consider and accommodate nondiscriminatory “standard technical measures” used by copyright owners (or their agents) to identify or protect copyrighted works

☐  Designate a DMCA Agent

☐  Post contact information for the DMCA Agent (name, address, phone number, and email) on a publicly accessible portion of your website

☐  File the appropriate “Designation of Agent” form with the US Copyright Office and pay any associated fees (this process may be done online)

Scott on Multimedia Law, Sec. 4:37 (2021).

For specific questions or concerns, please reach out to us.

This post was written by David R. Cook and Merry B. Luong.