HopefullyInLawSchool
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LSDefine
Simple English definitions for legal terms
Online Copyright Infringement Liability Limitation Act
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A quick definition of Online Copyright Infringement Liability Limitation Act:
The Online Copyright Infringement Liability Limitation Act is a law that provides protection for online service providers from being held responsible for copyright infringement by their users. This law has four safe harbors that service providers can use to avoid being sued for monetary damages. These safe harbors have specific requirements that must be met, such as adopting a policy for terminating users who repeatedly infringe on copyrights and not interfering with technological measures to protect copyrighted content. The first safe harbor is for transitory digital network communications, the second is for system caching, the third is for information residing on systems of networks at the direction of users, and the fourth is for information location tools like online directories or search engines. Nonprofit educational institutions also have a special limitation on liability.
A more thorough explanation:
The Online Copyright Infringement Liability Limitation Act is a part of the Digital Millennium Copyright Act. It provides four safe harbors for online service providers to avoid monetary damages for copyright infringement. However, they may still face injunctions to stop future infringement.
- Transitory digital network communications: This safe harbor applies to service providers that route messages across the internet for users. The service provider is acting as a conduit and is not liable for any infringement that may occur during the transmission.
- System caching: This safe harbor applies to service providers that temporarily store frequently accessed web pages to minimize internet traffic. The service provider is not liable for any infringement that may occur during the storage.
- Information residing on systems of networks at the direction of users: This safe harbor is commonly known as the "notice and takedown" provision. If a service provider is notified of infringing content, they must remove it. The user can challenge the takedown, but the content will remain offline for up to 14 days, giving the copyright owner time to file an infringement suit.
- Information location tools: This safe harbor applies to online directories or search engines. The service provider is not liable for any infringement that may occur when providing links to infringing content.
Additionally, service providers must adopt a policy for terminating users who are repeat infringers and must not interfere with standard technological measures to protect copyrighted content.
Nonprofit educational institutions also have a special limitation on liability.
An example of the "notice and takedown" provision is when a copyright owner notifies a video-sharing website that a user has uploaded a video that infringes on their copyright. The website must remove the video, and the user can challenge the takedown. However, the video will remain offline for up to 14 days, giving the copyright owner time to file an infringement suit.