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Navigating DMCA: Limitation of Liability, Notice, Takedown Procedures, and Safe Harbors
When: March 26, 2024
Location: Strafford Webinar
People: Michael S. Palmisciano

Michael Palmisciano was a panelist at a Strafford webinar, "Navigating DMCA: Limitation of Liability, Notice, Takedown Procedures, and Safe Harbors," on March 26, 2024.

Nearly 30 percent of all takedown requests are problematic with millions targeting sites that aren't clearly infringing content. Under the Section 512 safe harbor provisions of the DMCA copyright owners can protect their copyrights without liability being imposed on OSPs. Lenz v. Universal Music Corp. (9th Cir. 2015) shifts the burden to the content owner to correctly identify infringing material and means that, before demanding takedown of infringing material, the copyright owner must evaluate the risk of liability for misrepresentation.

As technology continues to create new ways for sharing content, the courts will face novel issues challenging the application of DMCA safe harbor provisions. New technology raises the complexity when determining whether a service provider knew of infringing activity or whether a copyright owner engaged in a good faith consideration of fair use.

Mike examined the DMCA and its criteria and discussed limitation of liability and safe harbors, including notice and takedown procedures. He offered best practices for both copyright owners and subscribers as well as OSPs.