The DMCA provides guidelines and procedures for copyright holders to protect their intellectual property rights on the internet and outlines the responsibilities of online service providers (OSPs) in addressing copyright infringement claims.
Notice and Takedown Process:
Under the DMCA, copyright holders can submit a formal copyright infringement notification, known as a DMCA takedown notice, to OSPs when they discover unauthorized use of their copyrighted material on their platforms. The takedown notice should contain specific information as outlined in Section 512(c)(3) of the DMCA, including:
- A physical or electronic signature of the copyright owner or their authorized representative.
- Identification of the copyrighted work(s) claimed to have been infringed.
- Identification of the infringing material and its location on the OSP's website or service.
- Contact information of the copyright owner or their authorized representative.
- A statement that the notifier has a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate and, under penalty of perjury, that the notifier is authorized to act on behalf of the copyright owner.
Upon receipt of a valid DMCA takedown notice, the OSP is required to expeditiously remove or disable access to the infringing material to qualify for safe harbor protection under the DMCA.
If a user believes that their content was mistakenly taken down or wrongly identified as infringing, they have the option to submit a counter-notification to the OSP. The counter-notice should contain the following information, as specified in Section 512(g)(3) of the DMCA:
- A physical or electronic signature of the user.
- Identification of the material that has been removed or disabled and its previous location.
- A statement, under penalty of perjury, that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification.
- User's name, address, phone number, and email address.
- Consent to the jurisdiction of the federal court in the user's district or, if outside the United States, consent to any appropriate judicial district in which the OSP may be found.
- A statement that the user will accept service of process from the person who provided the original takedown notice or their agent.
If the OSP receives a valid counter-notification, they may restore the removed content within a specified period, unless the copyright owner files a lawsuit to restrain the restoration.
Safe Harbor Protection:
OSPs that comply with the DMCA's notice and takedown procedures may qualify for safe harbor protection from liability for copyright infringement. This means that they may not be held legally responsible for the infringing activities of their users, provided they promptly and properly respond to valid takedown notices and comply with the DMCA's requirements.
Repeat Infringers Policy:
In order to maintain safe harbor protection, OSPs are also required to adopt and implement a policy to terminate or disable repeat infringers' accounts under appropriate circumstances.
Live-TV-Channels is committed to respecting intellectual property rights and complying with the DMCA's requirements. If you believe that your copyrighted work has been infringed on our website, please follow the procedures outlined in our Copyright - Notification of Infringement policy.
For any questions or concerns related to the DMCA or our copyright practices, please contact us here.