Balancing Copyright Owners' Rights With ISP Immunities

Law360, New York (February 16, 2016, 10:30 AM EST) -- Ieuan G. Mahony

Samuel L. Taylor When an online user violates copyright law, the copyright owner will frequently turn to the user's Internet service provider for relief. The Digital Millennium Copyright Act includes a safe harbor provision that provides ISPs with protection from a potential flood of copyright infringement claims for customer actions, provided the ISP complies with certain conditions. These include a requirement that the ISPs adopt and reasonably implement "a policy that provides for the termination in appropriate circumstances of subscribers and account holders of the service provider's system or network who are repeat infringers." 17 U.S.C. § 512(i)....

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