When can I claim the safe harbor for comments others post to my blog?

If you’re concerned that people might post copyrighted material to your blog, you might want to be able to use the DMCA safe harbor yourself. You too can be a “provider of online services” — all you need to do is designate an agent for notification with the Copyright Office.

The safe-harbor provision requires that providers have a policy against repeat copyright infringement by their “subscribers and account holders.” If you have no subscribers or account holders, that policy can be as simple as “If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate them.”

Posted in: Questions about the Digital Millennium Copyright Act (DMCA)

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