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Khan Academy will terminate, without notice, the account of any user it determines to be a repeat infringer, defined as a user who has received more than two infringement notices or had content removed more than twice.
This analysis describes what Khan Academy's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes Khan Academy's DMCA repeat infringer termination policy, which is a legal requirement for platforms seeking to maintain safe harbor protection under the Digital Millennium Copyright Act. The policy includes termination without prior notice upon the third qualifying event.
The agreement establishes that accounts will be terminated without notice upon a third copyright infringement notice or content removal. This policy is required for platforms to maintain DMCA safe harbor status under US copyright law.
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"Khan Academy will promptly terminate without notice your access to the Services if you are determined by Khan Academy to be a "repeat infringer." A repeat infringer is a User who has been notified by Khan Academy of infringing activity violations more than twice and/or who has had User Content or any other user-submitted content removed from the Services more than twice.Excerpt from Khan Academy's Terms of Service
1) REGULATORY LANDSCAPE: The repeat infringer termination policy is required under the Digital Millennium Copyright Act (DMCA) for online service providers seeking to maintain safe harbor protections under 17 U.S.C. Section 512. The U.S. Copyright Office and courts have provided guidance on what constitutes a reasonable repeat infringer policy. This provision reflects Khan Academy's implementation of that statutory requirement. 2) GOVERNANCE EXPOSURE: Low. This is a standard DMCA-required policy. The definition of repeat infringer (more than two notices and/or more than two content removals) is within the range of commonly observed industry implementations. 3) JURISDICTION FLAGS: The DMCA applies to US-based platforms. Non-US users may have additional procedural rights under local copyright or consumer law, including rights of appeal or notice before termination, which the document acknowledges in Section 4.3 for certain jurisdictions. 4) CONTRACT AND VENDOR IMPLICATIONS: Institutional users should note that repeated DMCA notices related to student or teacher accounts could trigger account termination without advance notice, potentially disrupting educational continuity. District Agreements may address dispute or appeal procedures for institutional accounts. 5) COMPLIANCE CONSIDERATIONS: Institutions that enable student content creation on Khan Academy should include copyright compliance education in their acceptable use policies to reduce the risk of DMCA notices and associated account termination.
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This provision establishes Khan Academy's DMCA repeat infringer termination policy, which is a legal requirement for platforms seeking to maintain safe harbor protection under the Digital Millennium Copyright Act. The policy includes termination without prior notice upon the third qualifying event.
The agreement establishes that accounts will be terminated without notice upon a third copyright infringement notice or content removal. This policy is required for platforms to maintain DMCA safe harbor status under US copyright law.
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