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<\/a><\/p>\nAnd if the copyright owner can prove that you may have had knowledge, you could be nailed for statutory damages of up to $150,000 per work.\u00a0 Just imagine the pickle you would be in if there were multiple infringing works posted on your blog or forum.<\/p>\n
This result may be surprising; however, attorneys understand that copyright infringement is a strict liability offense.<\/p>\n
Not so, for the typical Internet marketer or online entrepreneur.<\/p>\n
The DMCA Comes To The Rescue With The \u201cSafe Harbor\u201d<\/p>\n
To remedy this problem for website operators, Congress passed the Digital Millennium Copyright Act (known as the \u201cDMCA\u201d) back in 1998.<\/p>\n
The DMCA provides a so-called \u201csafe harbor\u201d from copyright infringement liability if:<\/p>\n
- \n
- you provide a special DMCA notice in your Terms of Use, and<\/li>\n
- you file a special DMCA Registration Form with the US Copyright Office.<\/li>\n<\/ul>\n
Tip \u2013 Strict compliance with the DMCA rules is required to take advantage of the \u201csafe harbor\u201d.<\/p>\n
Is the DMCA \u201cSafe Harbor\u201d Bullet Proof?<\/p>\n
I am often asked\u2026 is the DMCA \u201csafe harbor\u201d bullet proof.\u00a0 In other words, are you completely safe as a website operator?\u00a0 No worries?<\/p>\n
The short answer is\u2026 no, the DMCA \u201csafe harbor\u201d provides excellent protection for website operators, but it\u2019s not bullet proof, according to the 2012 case, Viacom v. YouTube.<\/p>\n
YouTube\u2019s users, not by YouTube itself.\u00a0 YouTube defended based on its reliance on the DMCA \u201csafe harbor\u201d.<\/p>\n
The District Court ruled in favor of YouTube in a motion for summary judgment, with the effect that YouTube was protected from infringement liability by the DMCA.\u00a0 The District Court found that since YouTube had insufficient knowledge of the infringing materials posted on its website, the DMCA \u201csafe harbor\u201d protected YouTube from liability.<\/p>\n
The 2nd Circuit noted that there was evidence that YouTube may have had actual knowledge or awareness of infringing activity.<\/p>\n
Internal YouTube emails indicated that videos of Bud Light commercials and CNN video clips were believed by YouTube management to be \u201cblatantly illegal\u201d, yet they were left on the YouTube site for a while in order to gain publicity for YouTube.<\/p>\n
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<\/a><\/p>\nBased on this and similar evidence of YouTube\u2019s actual knowledge or awareness of infringing activity, the 2nd Circuit held that a jury could find that YouTube was disqualified from the protections of the DMCA \u201csafe harbor\u201d.<\/p>\n
As a result, the YouTube case was remanded back to the District Court to determine if there was sufficient evidence for a jury \u201cto conclude that YouTube had the right and ability to control the infringing activity and received a financial benefit directly attributable to that activity.\u201d<\/p>\n
Tip \u2013 The DMCA \u201csafe harbor\u201d is not bullet proof.\u00a0 You need to be sure that you don\u2019t have actual knowledge or awareness of infringing activity in order to take advantage of the \u201csafe harbor\u201d.<\/p>\n
Here\u2019s How To Make Sure You,\u00a0Your Business & Website Is FTC Compliant<\/h2>\n
By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?<\/p>\n
Smart business owners around the world are doing it with the help ofFTC Guardian.<\/p>\n
FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected. And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.<\/a><\/p>\n