The Digital Millennium Copyright Act is the primary US federal law governing copyright in the digital environment. For platform governance purposes, the most significant provision is Section 512, which establishes the "safe harbor" framework that protects online service providers from liability for user-uploaded infringing content — provided they comply with notice-and-takedown procedures.
Section 512 requires platforms to designate an agent to receive copyright infringement notices, expeditiously remove or disable access to allegedly infringing material upon receiving a valid notice, implement a policy for terminating repeat infringers, and accommodate standard technical measures used by copyright owners to identify or protect their works.
The DMCA's safe harbor framework is foundational to how platforms structure their terms of service. Nearly every platform's content moderation, user-generated content, and intellectual property provisions reference or implement DMCA requirements. The notice-and-takedown system processes millions of requests annually across major platforms.
Get alerted when platforms change their policies — including DMCA-relevant provisions.
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