DMCA Section 512 Safe Harbors and Why it Matters

Understanding our nation’s copyright law is important, but also complex. Re:Create’s glossary of key copyright terms is a resource to help promote informed discussions about copyright policy.

DMCA Section 512 Safe Harbors: The DMCA safe harbors refer to legal protections for those on the internet that host, store, transmit, locate, or cache content uploaded by others. The power of the internet to help people create, share and access content depends on intermediary third parties – from Internet Service Providers (ISPs) to search engines to websites and hosting providers. These entities are able to perform their respective roles in the internet ecosystem because they are not held legally responsible for copyright issues arising from the countless documents, images or audiovisual works traversing the internet at any given moment. As long as they comply with Section 512’s rules, service providers and platforms do not face copyright penalties for the actions of their users. Each service provider may have its own takedown policies, but it must follow the guidelines in Section 512 of the DMCA to gain the protection of the safe harbor.

Why it Matters: The internet lowered barriers between creators and their audiences, empowering them to build and connect to fan communities enthusiastic about their work. The tools that make that connection possible could not exist if they faced crippling copyright liability for potential bad acts of a few users. Section 512 sets a framework for internet services, online creators, and copyright holders that fosters a thriving, competitive, and creative internet.

Archives