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The Online Copyright Infringement Liability Limitation Act (OCILLA), a portion of the Digital Millennium Copyright Act known as DMCA 512 or the DMCA takedown provisions, is a 1998 United States federal law that provided a safe harbor to online service providers (OSPs, including internet service providers) that promptly take down content if someone alleges it infringes their copyrights.
Overview
The act added section 512 to the Copyright law in Title 17 of the United States Code (Public Law No. 105-304, 112 Stat. 2860, 2877).
This provision of United States copyright law is best known for allowing copyright holders to ask that an online service provider (OSP, including ISPs) remove access to copyright infringing material if the copyrighted material is made available through the OSP. It is a powerful device for the protection of copyright on the internet for providers that are located in the United States, though many foreign providers may also respond to such requests for fear of litigation in the United States should they have any significant business interests in the U.S.
In exchange for this, the OSP gains:
new protection from liability to its own customers as a result of a decision to remove material.;
clear procedures for removing and restoring material.;
a safe harbor against copyright infringement claims, similar to the protection against non-intellectual property infringement liability provided by Section 230 the Communications Decency Act (CDA).;
Customers gain through a reduced chance that works will be removed unnecessarily by an OSP which hasn't received an infringement complaint.
Take down and put back provisions
These are the most commonly encountered parts of the act. They provide a procedure which gives the OSP a safe harbor so long as it complies with the requirements and follows the notification and counter-notification provisions.
Takedown example
Here's an example of how the takedown procedures would work:
Alice puts a copy of Bob's song on her AOL-hosted website.;
Bob, searching the Internet, finds Alice's copy.;
Charlie, Bob's lawyer, sends a letter to AOL's designated agent (registered with the Copyright Office) including:
contact information;
the name of the song that was copied;
the address of the copied song;
a statement that he has a good faith belief that the material is not legal;
a statement that, under penalty of perjury, Charlie is authorized to act for the copyright holder;
his signature;
;
AOL takes the song down.;
AOL tells Alice that they have taken the song down.;
Alice now has the option of sending a counter-notice to AOL, if she feels the song was taken down unfairly. The notice includes
contact information;
identification of the removed song;
a statement under penalty of perjury that Alice has a good faith belief the material was mistakenly taken down;
a statement consenting to the jurisdiction of Alice's local US Federal District Court, or, if outside the US, to a US Federal District Court in any jurisdiction in which AOL is found.;
her signature;
;
AOL then waits 10-14 business days for a lawsuit to be filed by Bob.;
If Bob does not file a lawsuit, then AOL puts the material back up.;
Read more at Wikipedia.org
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