Purpose: The DMCA provides a safe harbor for online “service providers” from both (1) copyright liability resulting from certain acts of their users and (2) liability if material removed from the site is ultimately determined to be non-infringing.

Legal Text: 17 U.S.C §512

Compliance Requirements: If designated agent receives a takedown notice that substantially complies with DMCA requirements, the site operator must:

• “expeditiously” remove or disable access to the material claimed to be infringing the copyright
• Promptly notify allegedly infringing user that the material that it has been removed or disabled access to
• if receive counter notice
  • promptly notify alleged infringer that material will be replaced/access restored on site within 10 business days if counter notice is received.
  • Provide copy of counter notice to party who submitted the original copyright infringement claim
• either
  • replace removed material or cease disabling access to it within 10-14 business days after receiving counter notice
  • do nothing- if first received notice from party who submitted original copyright infringement claim that is has filed action seeking court order to restrain the alleged infringer from engaging in infringing activity