DMCA Safe Harbors
The Digital Millennium Copyright Act (DMCA) Safe Harbors provide a framework that protects service providers from liability for their users’ actions as long as they have responsible policies for responding to copyright holders’ notices of alleged infringement.
Codified at Section 512 of the Copyright Act, the safe harbors have been crucial to the growth and vibrancy of the internet. Without the DMCA safe harbors, the risk of copyright liability for most online services, including library, educational, and non-profit services as well as start-ups and small or medium businesses, would be so high that they couldn’t afford to operate. The few massive platforms that remained would have to engage in aggressive surveillance and censorship to avoid ruinous copyright liability. Internet users’ privacy and free speech rights would be fatally compromised, as would their choice of service providers.
Re:Create supports DMCA safe harbors because they…
- Protect a thriving ecosystem of services and platforms for innovation, creativity, and self-expression online, from YouTube, Etsy, and Wikipedia to AO3, your local library, and your neighborhood email listserve.
- Promote competition and allow for consumer choice in platforms and service providers by ensuring start-ups and small businesses can launch without taking on massive legal and technical risk.
- Enable libraries and commercial providers to offer individuals and small organizations access to the Internet, digital archives, and educational materials, and more, without fear of liability for user behavior.
- Create clear guidelines and rules of the road, which helps both copyright owners and service providers alike to avoid costly litigation.