by Traverse Legal, reviewed by Enrico Schaefer - October 4, 2019 - Copyright Law, Digital Millennium Copyright Act Notice, Internet Law, Website Agreement Tips
Copyright Policies contain terms iterating the procedure for which users of a website should follow in the event they need to report copyright infringement on that particular website. These policies typically stem from the Digital Millennium Copyright Act (“DMCA”), which creates a Safe Harbor that limits a website owner’s liability for the upload of copyright infringing User Generated Content. The DMCA only provides this Safe Harbor if the website owner designates a DMCA Agent and follows a specific protocol after receiving a DMCA Takedown Notice.
Regardless of whether a website has User Generated Content on it or not, there is the chance that copyright-infringing content could accidentally be incorporated onto your website by yourself and/or your web designer without your knowledge. In that circumstance, copyright owners are still going to want a clear explanation of the process they should follow when submitting a takedown notice. Instead of forcing users to fish around your website for contact information, it is best practice to create a Copyright Policy so that users can easily report infringement when it’s occurring. Most of the time, copyright owners are satisfied with the removal of infringing works from a website, so articulating a clear Copyright Policy can expedite resolution and ultimately help reduce your chance of being sued.
If you are developing a website – or currently own and operate one – you should absolutely incorporate a Copyright Policy into your website agreements and legal policies. Many websites – such as Google and Twitter – create forms to complement their Copyright Policy that users can easily fill out to report infringement. Altogether, developing a Copyright Policy (and potentially a form to go along therewith) can spare you from headaches, embarrassment, and liability in the future.
As a founding partner of Traverse Legal, PLC, he has more than thirty years of experience as an attorney for both established companies and emerging start-ups. His extensive experience includes navigating technology law matters and complex litigation throughout the United States.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Enrico Schaefer, who has more than 20 years of legal experience as a practicing Business, IP, and Technology Law litigation attorney.
