DMCA

The Ninth Circuit Court

says using moderators

may lose safe harbor

image

By Rocbeyonce – https://commons.wikimedia.org/wiki/File:FWT11.jpg / https://www.facebook.com/shawntok, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=49895196

The Ninth Circuit Court of Appeals held that a website may become ineligible for the DMCA’s "safe harbor" against copyright infringement liability if the site uses moderators to select user content to post on the site.

Mavrix Photographs, LLC v. LiveJournal, Inc involves LiveJournal.com, a social networking platform.

The platform allows users to create and manage "communities" in which they can post and comment on content related to a theme. Each community can create its own rules for submitting and commenting on content.

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Listing agents for

copyright takedowns will be

easier, cheaper


By Original artist: Joseph Ferdinand Keppler (1838-1894) Restoration: Adam Cuerden – http://www.loc.gov/pictures/item/2011661385/ by way of http://adamcuerden.deviantart.com/gallery/#/d5onmxh, Public Domain, https://commons.wikimedia.org/w/index.php?curid=23322831

As we discussed in this blog, the Digital Millennium Copyright Act (“DMCA”) is part of US copyright law that became effective in 1998.

Among other things, the DMCA creates a "safe harbor" for Internet Service Providers, website operators, and other internet-based businesses. This shields the businesses from liability for copyright infringement by their users as long as the providers follow the proper procedures.

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