The Digital Millennium Copyright Act of 1998 introduced substantial changes to the Copyright Act of 1976. Some of these amendments created additional liability – such as the anti-circumvention provisions in Sections 1201 (a) and (b) – and some create “safe harbors” – such as limitations on liability for online service providers (OSPs) under Section 512.
A common interaction Internet users have with these provisions are when doing Google searches for music or television. When Google receives a takedown notice, it removes the content and posts a message at the bottom of the webpage listing the search results altering the user that a link has been removed pursuant to a DMCA takedown notice. Takedown notices occur under Section 512 because in order for an OSP to be protected from liability under the safe harbor provision of this statute, an OSP must disable access to the allegedly-infringing content upon receiving notice the such content is available on its servers. Continue reading