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.