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Red Flags and Willful Blindness: Is the DMCA 'Safe Harbor' Less Safe?
Information Today - Medford
Subjects: United States; Regulation; Publishing industry
Author: Pike, George H
Date: Dec 2014
Start Page: 12
Pages: 1
Section: LEGAL ISSUES
Abstract (Document Summary)

The Internet has become the go-to place for distributing media content. The worst of times is the dramatic and continuing proliferation of copyright infringement via the Internet. The Digital Millennium Copyright Act (DMCA) of 1998 facilitated the growth of services such as YouTube, MP3tunes, and many social media platforms by allowing them to avoid Courts have begun to explore what it means to be aware of the "facts or circumstances" that might lead to a loss of the DMCA's "safe harbor" protection. Known as "red flags", a court can explore the level to which a content host has "subjective awareness" of the facts and circumstances of infringement.

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