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DMCA Safe Harbor
Practical Law Glossary Item 2-507-6908 (Approx. 3 pages)
Glossary
DMCA Safe Harbor
Provisions of the Digital Millennium Copyright Act (DMCA) that shield an online service provider (OSP) from copyright infringement liability based on the actions of their users where certain conditions are met. The DMCA provides safe harbors for the following OSP activities:
- Acting as a conduit for transmitting material through its system or network.
- Temporarily storing material for transmission (caching).
- Storing material at a user's direction.
- Providing links or other tools for locating material online.
(17 U.S.C. § 512(a) to (d)).
The statute also protects the OSP from liability for removing or disabling access to materials in good faith if it follows specified procedures for notifying the alleged infringer and, under certain circumstances, restoring access to the materials (17 U.S.C. § 512(g)).
For further information, see Practice Note, Digital Millennium Copyright Act (DMCA): Safe Harbors for Online Service Providers.