Elements Of A Takedown Notice After Viacom V. YouTube

Law360, New York (July 18, 2012, 1:00 PM EDT) -- Internet service providers and online service providers of websites, auction sites, television broadcast clips, radio broadcast clips and other online media (“service providers”) have long thought they had broad immunity from copyright infringement claims under the Digital Millennium Copyright Act. As the recent Viacom decision in the Second Circuit cautions, service providers should recognize that the DMCA may not provide such broad immunity, and service providers must reevaluate whether failing to remove or disable access to user-posted content could disqualify them from the "safe harbor" provisions of the DMCA.

In contrast, copyright owners and licensees of an exclusive right of copyright...

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