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OSPs may qualify for one or more of the Section 512 safe harbors under § 512(a)-(d), for immunity from copyright liability stemming from: transmitting, [4] caching, [5] storing, [6] or linking [7] to infringing material. An OSP who complies with the requirements for a given safe harbor is not liable for money damages, but may still be ordered ...
In addition to the two general requirements that online service providers comply with standard technical measures and remove repeat infringers, section 512(c) also requires that the online service providers: 1) do not receive a financial benefit directly attributable to the infringing activity, 2) are not aware of the presence of infringing ...
The only affirmative cause of action in 17 U.S.C. § 512 is 512(f) which permits a claim for knowingly materially misrepresenting that a work is infringing. [2] However, the defendants never made any determination of whether plaintiffs' videos constituted fair use, let alone knowingly made representations to the plaintiff that it was infringing.
Six weeks later, YouTube reposted the video. In July 2007, Lenz sued Universal for misrepresentation under the DMCA, and sought a declaration from the court that her use of the copyrighted song was non-infringing. [3] In September 2007, Prince stated in the media that he intended to "reclaim his art on the internet" and to challenge Lenz's suit ...
In addition to the safe harbors and exemptions the statute explicitly provides, 17 U.S.C. 1201(a)(1) requires that the Librarian of Congress issue exemptions from the prohibition against circumvention of access-control technology.
Lumen, formerly Chilling Effects, is an American collaborative archive created by Wendy Seltzer and operated by the Berkman Klein Center for Internet & Society at Harvard University. [1]
[1] [3] Fourth Estate wrote articles and licensed them for publication by other entities. One of their clients, Wall-Street.com, cancelled their licensing arrangement, and the license required Wall-Street.com to remove the content from their site, which they refused to do.
First, whether or not 321 Studios was liable under sections 1201(a)(2) and 1201(b)(1) of the DMCA. Section 1201(a)(2) of the DMCA prohibits the "manufacture, import, offer to the public, provide, or otherwise traffic in any technology, product, service, device, or part thereof, that" is primarily designed or produced for purposes of ...