The Digital Millennium Copyright Act

("DMCA") Best Practice

The DMCA limits the liability for copyright infringement of "online service providers" ("OSPs") engaged in certain types of activities ("safe harbors"). Generally speaking, registration as an OSP under the DMCA insulates the OSP against claims of copyright infringement for material posted on the web site by users. In order to qualify for such protection, the OSP must comply with certain procedures, including “notice and takedown” procedures (i.e., upon “proper notification,” expeditiously remove or disable access to the offending material, and remove or disable access to the offending material), and “counter notice and put back” procedures (i.e., upon “proper counter notice,” promptly notify the copyright owner of dispute and replace material within two weeks, unless the matter is referred to court).

Registration and compliance with the DMCA is strictly voluntary. An organization can choose to register and otherwise claim the protections of the Act only if it is in its best interests to do so.

On-line registration is at http://www.copyright.gov/onlinesp/