A conditional safe harbor for online service providers (OSP) shields them from direct copyright infringement liability and secondary liability for others’ infringing acts. The Online Copyright Infringement Liability Limitation Act (OCILLA) was passed as part of the 1998 Digital Millennium Copyright Act (DMCA). It is also known as the “Safe Harbor” provision or “DMCA 512” for adding Section 512 to Title 17 of the United States Code.
How it Works
OCILLA exempts Internet intermediaries from copyright infringement liability if they follow specific rules. This balance aims to protect both copyright owners and digital service providers.
Key Requirements
- Notice and Takedown: The OSP must promptly remove or disable access to infringing content upon receiving a proper notice.
- Repeat Infringer Policy: The OSP must adopt and implement a policy for terminating accounts of repeat infringers.
- Designation of Agent: The OSP must designate an agent to receive notifications of claimed infringement.
- No Actual Knowledge: The OSP must not have actual knowledge of infringing activity or be aware of facts or circumstances that make infringement apparent.
Legal Framework
OCILLA is codified in Section 512 of Title 17 of the United States Code. It provides a structured process for handling copyright infringement claims online.