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DMCA Section 512: safe harbour, takedown and counter notice

DMCA 512 shields platforms from copyright liability for user content, provided they remove content promptly when they receive a valid notice.

Safe harbour

Hosts that remove infringing material expeditiously on notice and apply a repeat infringer policy are protected from liability.

Valid notice

Signature, the work, the infringing material's location, contact details, a good faith statement and a statement under penalty of perjury. Template: DMCA notice.

Counter notice

The uploader can respond; unless the claimant sues within about 10 to 14 business days, the material is restored.

Misrepresentation

Knowingly false notices or counter notices create liability for damages.

General information, not legal advice. In real cases we work alongside lawyers who specialise in digital rights.

Frequently asked questions

Can the DMCA be used for defamation?

No; it covers copyright only.

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