Digital Millennium Copyright Act 1998, 17 U.S.C. § 512

Document type
Creating safe harbors for ISPs against monetary liability for copyright infringing material posted or sent through an intermediary’s system. Unlike §230, DMCA safe harbors don’t prevent suit for injunctive relief against an intermediary nor protect all Internet intermediaries except the four classes of intermediaries: conduit providers such as telephone companies, those who store or cache content hosted by another, and those who host content posted by another, and search engines. Safe harbor is available only to an intermediary that “does not receive a financial benefit directly attributable to the infringing activity, in a case in which the service provider has the right and ability to control such activity.” To benefit from the safe harbors, intermediaries must establish, publicize and implement both a notice and takedown system for removing alleged infringing content and a system to identify and remove repeating infringers.
Topic, claim, or defense
Document type
Issuing entity
Legislative Branch
Type of service provider
General or Non-Specified
Host (Including Social Networks)
Search Engine or Index
Internet Access Provider (Including Mobile)
Cache Provider
Issues addressed
Notice Formalities
Trigger for OSP obligations
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
Strengthens Immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)