Quote:
Originally Posted by AdultKing
The DMCA does not break down because you screen content for things that are illegal.
Google actively filter and screen out unlawful content and the DMCA still applies.
There is a difference between screening for unlawful content and screening for copyright infringing content.
If Mindgeek view every video on their array of tube sites to filter out illegal content that doesn't mean that they have to form a view as to whether the content breaches someone's copyright.
The way the DMCA works is that rights holders need to issue a takedown notice, the site has safe harbour if it follows the DMCA to the letter, which I believe Mindgeek does.
So nice try, but no cigar.
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It absolutely does you silly goose:
Section 512 of the Digital Millennium Copyright Act contains what are called the ā??safe harborā? provisions for online service providers. These provisions may shield you from liability for the copyright infringements of your siteā??s users and for your provision of links to copyright-infringing material from other Internet sources as long as you have effective notice-and-takedown procedures, promptly remove content when a copyright owner notifies you that it is infringing and have no actual or effective knowledge that the posted material is infringing.
Two provisions of Section 512 are potentially relevant to your online publishing activities. Under 512(c), you are not liable for money damages for user-generated content that infringes another copyright as long as
you are not aware of any infringing content on your site nor know of any ā??red flagsā? that would make an infringement apparent;
you do not receive a financial benefit directly attributable to the infringing activity if you have the right and ability to control that activity; and
you act expeditiously to remove the infringing content from your site once you have received proper notice of the infringement.
- See more at:
Protection for infringing material posted by others: DMCA safe harbor provisions | Reporters Committee for Freedom of the Press