It's been a long summer break and am glad to transition back on a strong pulse. With a good concrete ruiling.
The looming issue was whether DMCA's safe habor provisions protect websites surviving on user generated content, when such content is copyrighted. Yes. As long as such websites aggresively disallow infringers to operate in their cyber-realm, they are protected by the safe harbor provisions.
In a iO Group v Veoh, stringent compliance with DMCA provisions and a proactive approach to reporting repeat infringers to Copyright Agents played hugely in Veoh's favor. Veoh actively enforced its user policy and acted "expeditiously" in its notification and take down procedure.
A lesson well executed by Veoh and an important business MUST-Do for those who are lagging. Dedicate personnel to guarding against potential and huge copyright liability by complying with DMCA and taking that extra lap for serious enforcement.
The looming issue was whether DMCA's safe habor provisions protect websites surviving on user generated content, when such content is copyrighted. Yes. As long as such websites aggresively disallow infringers to operate in their cyber-realm, they are protected by the safe harbor provisions.
In a iO Group v Veoh, stringent compliance with DMCA provisions and a proactive approach to reporting repeat infringers to Copyright Agents played hugely in Veoh's favor. Veoh actively enforced its user policy and acted "expeditiously" in its notification and take down procedure.
A lesson well executed by Veoh and an important business MUST-Do for those who are lagging. Dedicate personnel to guarding against potential and huge copyright liability by complying with DMCA and taking that extra lap for serious enforcement.
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