Intellectual property owners face challenges in removing infringing material from sites like Google and Apple. Although service providers offer some means to report infringements, compliance does not guarantee removal. The DMCA provides a legal framework for addressing copyright issues through its safe harbor provision. Service providers can remain immune from liability if they follow prescribed procedures and respond promptly to valid DMCA takedown notices. Failure to act expediently results in the loss of that immunity, raising further complications for copyright enforcement.
Intellectual property owners frequently face difficulties getting their work removed from websites run by companies like Google and Apple, and other service providers where users upload infringing material.
Under the Digital Millennium Copyright Act (DMCA)'s safe harbor provision, the liability of service providers that allow users to upload content to be sued for copyright infringement is limited if, and only if, the service provider complies with its procedures.
If the DMCA agent receives a compliant DMCA "takedown notice," the website must expeditiously take the noticed material down.
If they do not take the noticed material down expeditiously, the service provider departs from the safe harbor and there is no immunity under the DMCA.
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