![]() ![]() The information location tools category protects service providers that link users to an online location that contains infringing material, as long as the service provider does not know the material is infringing. Additionally, the service provider must have a designated agent listed to receive notice of claimed infringement. To take advantage of this safe harbor, the OSP may not receive a financial benefit from the infringement if it has the right to control that activity. It protects service providers that do not have actual knowledge of the infringing material, are not aware of circumstances from which infringement can be inferred, and upon finding out about the infringement act quickly to remove or disable access to infringing materials. Hosting involves information living on systems at the direction of users. The category of hosting is a commonly invoked safe harbor. There is not much case law associated with this safe harbor. When cached material is made available to an end-user, the OSP has to follow certain provisions related to takedown and put back. It cannot modify the material or interfere with reasonable copy protection. The caching must be standard and originate elsewhere, and it must be transmitted at the request of another party. The system caching category protects service providers that cache material, or create copies of materials for faster access. 3 Information residing on systems or networks at users’ direction.1 Transitory digital network communications.A traditional service provider like Comcast is protected under this category. If an OSP is serving as a “mere conduit,” the court can restrain the provider from giving access to a subscriber who is using the provider’s service to engage in the infringement and require the service provider to terminate that subscriber’s account. Passivity exists where the infringing material is being transmitted at a third party’s request, is handled by an automated process, is not modified by the OSP, and is only temporarily stored on the system. The transitory digital network communications category protects OSPs that are passive or mere conduits from being liable for copyright infringement. The safe harbors address and limit the penalties that can be levied or not levied against an OSP for infringing conduct. They are transitory digital network communications, system caching, information residing on systems or networks at users’ direction, and information location tools. In addition to asserting a safe harbor defense, a provider can also assert other defenses. However, a provider cannot mix and match aspects of the safe harbors. ![]() Meeting the conditions of any one of them is enough to receive protection. Each safe harbor represents an aspect of the normal operations of the internet that Congress wanted to protect. If you are thinking about holding a service provider responsible for copyright infringement, you should be aware that several “safe harbors” described under section 512 significantly limit the liability of a service provider. Thus, it is easy for the OSP to inadvertently host an infringing work. The provision recognizes that it is very difficult for online service providers (OSPs or service providers) to screen each post by a user to make sure the post does not infringe a copyright. A portion of the DMCA (Section 512) is known as the Safe Harbor Provision. In order to deal with copyright in a time of rapidly changing technology, Congress implemented the Digital Millennium Copyright Act (DMCA) in 1998. ![]()
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