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Topic: Online Copyright Infringement Liability Limitation Act

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	Online Copyright Infringement Liability Limitation Act - Biocrawler (Site not responding. Last check: 2007-10-27)
		The Online Copyright Infringement Liability Limitation Act (OCILLA), a portion of the Digital Millennium Copyright Act known as DMCA 512 or the DMCA takedown provisions, is a 1998 US law that provided a safe harbor to online service providers (OSPs, including ISPs) that promptly take down content if someone alleges it infringes their copyrights.
		Indeed one of the purposes of this section was to remove a large number of potential infringement suits from the courts when the facts revolving around infringement were basically undisputed and the damages could be minimized within a short period without the intervention of a US federal district court judge.
		Copyright lawyers disagree on whether or not it applies to something like the Google cache [3] (http://news.com.com/2100-1032_3-1024234.html), with some arguing that it is not collected at the direction of an end user but by Google crawling the web itself.
	www.biocrawler.com /encyclopedia/OCILLA (4368 words)

	Online Copyright Infringement Liability Limitation Act - Wikipedia, the free encyclopedia
		Indeed one of the purposes of this section was to remove a large number of potential infringement suits from the courts when the facts revolving around infringement were basically undisputed and the damages could be minimized within a short period without the intervention of a US federal district court judge.
		There is also a question of the infringement that is placed by a third party being an issue of negligence or another tort on the part of the ISP.
		Copyright lawyers disagree on whether or not it applies to something like the Google cache [4], with some arguing that it is not collected at the direction of an end user but by Google crawling the web itself.
	en.wikipedia.org /wiki/Online_Copyright_Infringement_Liability_Limitation_Act (4365 words)

	Western Carolina University - Contents and Title II of the Digital Millennium Copyright Act
		This Act may be cited as the ‘‘Digital Millennium Copyright Act’’.
		‘‘(C) upon notification of claimed infringement as de-scribed in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
		Whether a service provider qualifies for the limitation on liability in any one of those subsections shall be based solely on the criteria in that subsection, and shall not affect a determination of whether that service provider qualifies for the limitations on liability under any other such subsection.’’.
	www.wcu.edu /949.asp (2448 words)

	Online Copyright Infringement Liability Limitation Act
		The Copyright Infringement Liability Limitation Act (1998) is a federal United States law that added section 512 to the Copyright law in Title 17 of the United States Code (Public Law No. 105-304, 112 Stat.
		This provision of the Copyright Act allows copyright holders to seek redress from internet service providers ISPs if the copyright holder discovers that an infringing user has posted information on any website maintained by the ISP.
		If the allegations are improperly refuted but accepted by the ISP the copyright holder must file suit, however the perjurous statements of the infringer may create serious civil and criminal liability issues should they falsely deny infringement.
	www.ebroadcast.com.au /lookup/encyclopedia/oc/OCILLA.html (491 words)

	Digital Millennium Copyright Act - Wikipedia, the free encyclopedia
		The Digital Millennium Copyright Act (DMCA) is a United States copyright law which criminalizes production and dissemination of technology that can circumvent measures taken to protect copyright, not merely infringement of copyright itself, and heightens the penalties for copyright infringement on the Internet.
		DMCA Title I, the WIPO Copyright and Performances and Phonograms Treaties Implementation Act has two major portions, one of which includes works covered by several treaties in US copy prevention laws and gave the title its name and the other which is often known as the DMCA anti-circumvention provisions.
		DMCA Title II, the Online Copyright Infringement Liability Limitation Act, creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access if they receive a notification from a copyright holder or their agent.
	en.wikipedia.org /wiki/DMCA (1347 words)

	Ference and Associates - Law Bytes
		The copyright owner must still demonstrate that the provider has infringed, and the provider may still avail itself of any of the defenses, such as fair use, that are available to copyright defendants generally.
		In addition to limiting the liability of service providers, Title II establishes a procedure by which a copyright owner can obtain a subpoena from a federal court ordering a service provider to disclose the identity of a subscriber who is allegedly engaging in infringing activities.
		Section 512(b) limits the liability of service providers for the practice of retaining copies, for a limited time, of material that has been made available online by a person other than the provider, and then transmitted to a subscriber at his or her direction.
	www.ferencelaw.com /lawbytes/dmca.html (2006 words)

	ASQ: About: COPYRIGHT INFRINGEMENT NOTIFICATION POLICY FOR COPYRIGHT OWNERS AND ASQ MEMBERS, SUBSCRIBERS, AND PARTNERS
		Pursuant to the Online Copyright Infringement Liability Limitation Act, ASQ is not liable for copyright infringement resulting from the conduct of its members, subscribers or partners.
		Pursuant to the Online Copyright Infringement Liability Limitation Act, ASQ is not liable for copyright infringement resulting from the conduct of its subscribers or members.
		Under the Act, ASQ is not liable for any claim based on ASQ's provider's good faith disabling of access to, or removal of, material or activity claimed to be infringing or based on facts or circumstances from which infringing activity is apparent, regardless of whether the material or activity is ultimately determined to be infringing.
	www.asq.org /copyright/infringe.html (752 words)

	DMCA-revised
		The DMCA's limitation on OSP liability was adopted as a compromise between demands by online service providers that they not be held liable for the infringing activity of their subscribers and counter-demands by "content providers," e.g., publishers, recording companies, that on-line providers not have absolute limitations on liability.
		Although the Act does not require it to do so, the service provider's designated agent may inform the subscriber that he or she may submit a counter notification if there is reason to believe the notification is mistaken.
		The DMCA allows a copyright holder to request a federal district court to issue a subpoena to the service provider requiring it to identify the individual who is responsible for the alleged infringement.
	www.ucop.edu /irc/policy/dmcaguide.html (1460 words)

	Digital Millennium Copyright Act of 1998
		Section 411(a) of the Copyright Act requires claim to copyright to be registered with the Copyright Office before a lawsuit can be initiated by the copyright owner, but exempts many foreign works in order to comply with existing treaty obligations under the Berne Convention.
		Liability under subsection (b) requires that the act be done with knowledge or, with respect to civil remedies, with reasonable grounds to know that it will induce, enable, facilitate or conceal an infringement.
		In addition, to be eligible for any of the limitations, a service provider must meet two overall conditions: (1) it must adopt and reasonably implement a policy of terminating in appropriate circumstances the accounts of subscribers who are repeat infringers; and (2) it must accommodate and not interfere with "standard technical measures." (Section 512(1)).
	www.dickson.tec.tn.us /dmca.htm (5260 words)

	Liability Immunity for Internet Service Providers--How Is It Working?
		A finding of direct copyright infringement is based on two factors: 1) the plaintiff’s ownership of a valid copyright and 2) a defendant’s violation of one of the plaintiff’s exclusive rights.
		[58] In addition, they argued that if online service providers were faced with strict liability for the infringements of their subscribers, they would pass the cost of this liability onto the subscribers in the form of higher access fees.
		Copyright owners are expected to lobby Congress to pass legislation requiring ISPs to pay for the unauthorized use of copyrighted material on Web sites they host, even if they have no prior knowledge that the content violated a copyright.
	grove.ufl.edu /~techlaw/vol6/issue1/pearlman.html (8860 words)

	Wikinfo \| Digital Millennium Copyright Act (Site not responding. Last check: 2007-10-27)
		The Digital Millennium Copyright Act (DMCA) is a controversial law in the United States of America that amended title 17 of the US Code, which deals with copyright.
		Limited exemptions from the ban on circumvention are provided for academic institutions and libraries, but the law does not make clear how such institutions are to obtain the technology for legal circumvention as distribution of this technology is prohibited.
		In 2002 the U.S. Copyright Office launched a public appeal for comments on the DMCA in order "to determine whether there are particular classes of works as to which users are, or are likely to be, adversely affected in their ability to make noninfringing uses due to the prohibition on circumvention of access controls".
	www.wikinfo.org /wiki.php?title=Digital_Millennium_Copyright_Act (1719 words)

	US CODE: Title 17,512. Limitations on liability relating to material online (Site not responding. Last check: 2007-10-27)
		Limitation on other liability.— A service provider’s compliance with paragraph (2) shall not subject the service provider to liability for copyright infringement with respect to the material identified in the notice provided under subsection (c)(1)(C).
		Request.— A copyright owner or a person authorized to act on the owner’s behalf may request the clerk of any United States district court to issue a subpoena to a service provider for identification of an alleged infringer in accordance with this subsection.
		Other Defenses Not Affected.— The failure of a service provider’s conduct to qualify for limitation of liability under this section shall not bear adversely upon the consideration of a defense by the service provider that the service provider’s conduct is not infringing under this title or any other defense.
	www.law.cornell.edu /uscode/html/uscode17/usc_sec_17_00000512----000-.html (2337 words)

	Law Now Limits Liability for Certain Online Activities (Site not responding. Last check: 2007-10-27)
		The Act limits the liability of service providers for copyright infringement for certain kinds of specified activities, provided that the requirements of the Act are met.
		Generally speaking, the activities to which the liability limitation applies are passive activities where the service provider does not exercise any control over, or interact with, the content of the infringing material.
		The Act also provides a liability limitation for service providers who properly comply with the "take down" provisions and imposes liability for damages and costs for anyone who knowingly materially misrepresents that an activity is infringing.
	accounting.smartpros.com /x11254.xml (791 words)

	UC Copyright - Systemwide Policies and Procedures
		The 1998 Digital Millennium Copyright Act (DMCA) includes a section entitled the "Online Copyright Infringement Liability Limitation Act" (Act) which grants an online service provider (OSP) a limitation of liability for vicarious and contributory copyright infringement when its subscribers infringe a third-party’s copyright online (17 U.S.C. § 512).
		The DMCA's limitation on OSP liability was adopted as a compromise between demands by online service providers that they not be held liable for the infringing activity of their subscribers and counter-demands by content providers (e.g., publishers and recording companies) that online providers not have absolute limitations on liability.
		Any defense which would otherwise be available to a provider remains available; however, adherence to the procedures allows a provider to quickly dispose of certain infringement claims without concern for liability either to the alleged infringer (for the removal of the material) or to the person claiming infringement.
	www.universityofcalifornia.edu /copyright/systemwide/pdmcai.html (256 words)

	UC Copyright
		The limitation is available only under certain conditions and when procedures prescribed in the Act are followed.
		The DMCA's limitation on OSP liability was adopted as a compromise between demands by online service providers that they not be held liable for the infringing activity of their subscribers and counter-demands by content providers (e.g., publishers and recording companies) that online providers not have absolute limitations on liability.
		Any defense which would otherwise be available to a provider remains available; however, adherence to the procedures allows a provider to quickly dispose of certain infringement claims without concern for liability either to the alleged infringer (for the removal of the material) or to the person claiming infringement.
	gml.lib.uci.edu /archives/copyright/pdmcai.html (173 words)

	Semaphore Corporation: Online Copyright Infringement Liability Limitation Act (Site not responding. Last check: 2007-10-27)
		Semaphore has a policy of not assisting or permitting any copyright infringement of which it is aware.
		In addition, and without limiting the generality of the foregoing, in accordance with the Digital Millennium Copyright Act, Semaphore has adopted a policy of terminating, in appropriate circumstances as determined by Semaphore in its sole discretion, subscribers or account holders who are repeat infringers.
		Complaints regarding suspected copyright infringement should be sent to copyright@semaphore.com.
	www.semaphore.com /legal.html (117 words)

	Internet: Digital Millennium Copyright Act of 1998
		The Copyright Act of 1976 (along with prior versions) gives the author or owner of written work (i.e., tangible expressions of ideas) certain exclusive rights, including the right to reproduce and display the work.
		The scope of liability for online copyright violations was uncertain under the 1976 Act.
		A network service provider will not be liable for the unauthorized reproduction or display of copyrighted work that is transmitted by or briefly stored in the provider’s system if the provider is merely a passive conduit.
	www.poznaklaw.com /articles/DigitalMill.htm (585 words)

	Digital Millenium Copyright Act (Site not responding. Last check: 2007-10-27)
		It is Shentel's policy to respond to notices of alleged copyright infringement that comply with the DMCA (the text of which can be found at the U.S. Copyright Office Web Site: http://locWeb.loc.gov/copyright/).
		The author of the letter will be held liable for damages including costs and attorneys fees if he or she is, indeed, discovered to be infringing on another's copyright.
		U.S. Copyright law provides consequential penalties for a false counter notice filed in response to a notice of copyright infringement.
	home.shentel.net /digital-mil.cfm (692 words)

	Federal Register Notice
		Title II of the Act (subtitled the ``Online Copyright Infringement Liability Limitation Act'') amended chapter 5 of the copyright law, title 17 United States Code, to provide limitations for service provider liability relating to material online.
		Specifically, new subsection 512(c) provides limitations on service provider liability with respect to material residing, at the direction of a user, on a system or network that the service provider controls or operates, if the conditions set forth in subsection 512(c)(1) are satisfied.
		The limitations on liability established in subsection 512(c) apply to a service provider only if the service provider has designated an agent to receive notifications of claimed infringement by providing contact information for that agent (1) to the Copyright Office and (2) through the service provider's publicly accessible website.
	www.copyright.gov /fedreg/1998/63fr59233.html (1182 words)

	UCLA Policy 464: Online Copyright Infringement Liability Limitation
		Copyright: is the intangible right granted to the author or creator of an original literary or artistic work fixed in a tangible form of expression whereby the author or creator is invested, for a limited period, with the sole and exclusive privilege of reproducing, publishing and/or selling copies of that work.
		In the event that a Claim is received alleging copyright infringement on the part of a UCLA faculty member, staff member or student, Campus Officials, as designated herein, shall respond to evaluate the basis for the allegation and will take action, as warranted, to end the infringement in accordance with existing UC policies.
		If copyright infringement allegations are upheld and result in financial liability to the University, that liability shall be assigned to the department or unit of the infringer.
	www.adminvc.ucla.edu /appm/public/app_0464_0.html (1863 words)

	Create Your Own Web Site, Create Web Site Online, Create Personal Web Site
		Captures.com INC respects the rights of all copyright holders and in this regard, it has adopted and implemented a policy that provides for the termination in appropriate circumstances of users who infringe the rights of copyright holders.
		Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
		Supplemental Terms also contain additional and different terms, including without limitation regarding the collection, use, and sharing of personal information provided in connection with the use of such services, which you should read carefully before using such services.
	www.captures.com /terms_conditions.shtml (1795 words)

	Newsguy - Copyright Notice
		A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
		A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the owner of, or the agent of the owner of, an exclusive right that is allegedly being infringed.
		If, within the next 10 days, the party complaining about the infringement does not notify us that they have filed an action seeking a court order to restrain the user or subscriber from engaging in infringing activity related to the material at issue, Newsguy will replace the removed material and/or renew access to it.
	member.newsguy.com /copyr.htm (667 words)

	Digital Millenium Copyright Act; Title II -- Online Copyright Infringement Liability Limitation (Site not responding. Last check: 2007-10-27)
		This Act may be cited as the ‘‘Digital Millennium Copyright Act’’.
		This title may be cited as the ‘‘Online Copyright Infringement Liability Limitation Act’’.
		‘‘(C) upon notification of claimed infringement as de-scribed in paragraph (3), responds expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.
	www.ncsu.edu /copyright/DMCA.html (2396 words)

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