In addition to the two general requirements listed above, all four safe harbors impose additional requirements for immunity. An OSP who complies with the requirements for a given safe harbor is not liable for money damages, but may still be ordered by a court to perform specific actions such as disabling access to infringing material. OSPs may qualify for one or more of the Section 512 safe harbors under § 512(a)-(d), for immunity from copyright liability stemming from: transmitting, caching, storing, or linking to infringing material. In the context of Internet intermediaries, OCILLA attempts to strike this balance by immunizing OSP's for copyright liability stemming from their own acts of direct copyright infringement (as primary infringers of copyright), as well as from the acts of their users (as secondary infringers of copyright), provided that OSP's comply with two general requirements protecting the rights of authors.įirst, the OSP must "adopt and reasonably implement a policy" of addressing and terminating accounts of users who are found to be "repeat infringers." Second, the OSP must accommodate and not interfere with "standard technical measures." "Standard technical measures" are defined as measures that copyright owners use to identify or protect copyrighted works, that have been developed pursuant to a broad consensus of copyright owners and service providers in an open, fair and voluntary multi-industry process, are available to anyone on reasonable nondiscriminatory terms, and do not impose substantial costs or burdens on service providers.
implementation of the 1996 WIPO Copyright Treaty (WCT) directive to "maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information" when updating copyright norms for the digital age. By exempting Internet intermediaries from copyright infringement liability provided they follow certain rules, OCILLA attempts to strike a balance between the competing interests of copyright owners and digital users. OCILLA was passed as a part of the 1998 Digital Millennium Copyright Act (DMCA) and is sometimes referred to as the " Safe Harbor" provision or as "DMCA 512" because it added Section 512 to Title 17 of the United States Code. The Online Copyright Infringement Liability Limitation Act ( OCILLA) is United States federal law that creates a conditional 'safe harbor' for online service providers (OSP), a group which includes Internet service providers (ISP) and other Internet intermediaries, by shielding them for their own acts of direct copyright infringement (when they make unauthorized copies) as well as shielding them from potential secondary liability for the infringing acts of others. Signed into law by President Bill Clinton on October 28, 1998.Reported by the joint conference committee on Octoagreed to by the Senate on October 8, 1998 (unanimous consent) and by the House on October 12, 1998 (voice vote).Passed the Senate on September 17, 1998 (unanimous consent).Passed the House on August 4, 1998 (voice vote).Committee consideration by House Judiciary Committee (Subcommittee on Courts and Intellectual Property) House Commerce Committee (Subcommittee on Telecommunications, Trade, and Consumer Protection).2281 by Howard Coble ( R- NC) on July 29, 1997 Introduced in the House of Representatives as H.R.
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