The DMCA provides a safe harbor to website owners and other online service providers that comply with the DMCA’s notice-and-takedown provisions. To get the benefit of this safe harbor, a website owner or other online service provider must:
- Receive no direct financial benefit from the infringement;
- Designate a copyright notifications agent to receive and handle DMCA notifications;
- Promptly remove content upon receiving a substantially compliant written notice of takedown request;
- Inform the user who provided the content that it has been removed.
The user may serve a written counter-notice if the user believes the content was removed in error because it does not infringe a copyright or because it is fair use. If the counter-notice is valid, the service provider may restore the content within the statutory period of time, unless the original complainant files a lawsuit.
A website owner or other online service provider who is in compliance with these requirements is protected from contributory liability for infringement and also from liability for removing the content.