Your True Intent Matters When Preserving Your DMCA Safe Harbor Protection
For those of us operating in the United States, the Digital Millennium Copyright Act (DMCA) provides us with safe harbor from liability due to copyright infringing activities of our members on the communities that we manage. This is a great thing and to earn that privilege, you must adhere to certain standards.
One of the big ones is that when a purported copyright holder files a properly formatted DMCA notice with you, you must remove the material cited. Unfortunately, what some community managers do is hide behind this and claim ignorance until the moment that they are notified by the copyright holder. Even if they know no one should be distributing “Batman” or “Ghostbusters” or an obviously copyrighted work in their community.
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