Online Copyright Infringement Liability Limitation Act facts for kids

Quick facts for kids
Online Copyright Infringement Liability Limitation Act

Long title	To amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes, as part of the Digital Millennium Copyright Act.
Acronyms (colloquial)	OCILLA
Nicknames	DMCA 512; Safe Harbor
Enacted by	the 105th United States Congress
Effective	October 28, 1998
Citations
Public law	Pub. L. 105-304
Statutes at Large	112 Stat. 2860 (1998)
Codification
Acts amended	Copyright Act of 1976
Titles amended	17 (Copyrights)
U.S.C. sections created	17 U.S.C. §§ 512
Legislative history
Introduced in the House of Representatives as H.R. 2281 by Howard Coble (R-NC) on July 29, 1997 Committee consideration by House Judiciary Committee (Subcommittee on Courts and Intellectual Property); House Commerce Committee (Subcommittee on Telecommunications, Trade, and Consumer Protection) Passed the House on August 4, 1998 (voice vote) Passed the Senate on September 17, 1998 (unanimous consent) Reported by the joint conference committee on October 8, 1998; agreed to by the Senate on October 8, 1998 (unanimous consent) and by the House on October 12, 1998 (voice vote) Signed into law by President Bill Clinton on October 28, 1998
Major amendments
None

The Online Copyright Infringement Liability Limitation Act (OCILLA) is a United States federal law. It protects online service providers (OSPs) like Internet service providers (ISPs) and websites such as YouTube. This law gives them a special protection called a 'safe harbor'. This means they are not responsible for copyright infringement if their users share copyrighted material without permission.

OCILLA was passed in 1998 as part of the Digital Millennium Copyright Act (DMCA). It is sometimes called the "Safe Harbor" rule or "DMCA 512." This law tries to find a balance. It protects the rights of people who create original works (like music or videos). It also allows digital users to access information online.

What is the DMCA Safe Harbor?

The DMCA was created to update copyright rules for the digital age. It aimed to balance the rights of creators with the public's interest in education and access to information. OCILLA helps achieve this balance for online service providers. It protects them from being sued for copyright issues. This applies even if their users upload copyrighted content.

For an OSP to get this protection, they must follow two main rules:

• First, they must have a clear plan to deal with users who repeatedly break copyright rules. They need to stop these users from using their service.
• Second, they must not get in the way of "standard technical measures." These are tools that copyright owners use to protect their works. These tools must be widely accepted and easy to use.

If an OSP follows these rules, they usually won't have to pay money for copyright problems. However, a court might still order them to remove or block access to the copyrighted material.

Safe Harbor for Storing Content: Section 512(c)

Section 512(c) is the most common part of OCILLA. It helps OSPs like YouTube that store content uploaded by users. This section protects them even if they accidentally host copyrighted material.

To qualify for this protection, an OSP must also meet other conditions:

• They must not directly make money from the illegal activity.
• They must not know that copyrighted material is on their system. They also shouldn't know facts that would make it obvious.
• Once they are told about copyrighted material, they must quickly remove it or block access to it.

Knowing About Copyrighted Material

An OSP doesn't have to actively search for copyrighted material on its system. However, they can be told about it in two ways:

• A copyright owner sends them a notice (called "notice and takedown").
• There are "red flags" that make the copyright issue obvious.

This system helps OSPs. They don't have to decide if something truly breaks copyright rules. Copyright law can be complicated. Instead, they just need to follow the rules of OCILLA.

Notice from the Copyright Owner

The most common way an OSP learns about copyrighted material is through a written notice. This notice comes from the copyright owner or their representative. It must include specific information:

• A signature from the person authorized to act for the copyright owner.
• Details about the copyrighted work that was copied.
• Information to help the OSP find the material that needs to be removed.
• Contact information for the person sending the notice.
• A statement that they believe the material is being used without permission.
• A statement that the information in the notice is true, under penalty of perjury.

If the OSP receives a notice that mostly follows these rules, they must quickly remove or block access to the material.

Red Flags

The second way an OSP can be told about copyrighted material is through "red flags." This means the copyright issue would be obvious to a reasonable person. For example, if a website is clearly designed to share illegal copies of movies, that would be a red flag.

How Takedown Notices Work

Here's an example of how the takedown process usually happens:

• Alice uploads a video to her YouTube channel. The video includes a song that Bob owns the copyright to.
• Bob finds Alice's video online.
• Charlie, Bob's lawyer, sends a letter to YouTube's special contact person (called a designated agent). This letter includes:
  • Contact information for Bob.
  • The name of Bob's song that was copied.
  • The web address (URL) of Alice's video.
  • A statement that Charlie believes the video uses Bob's song without permission.
  • A statement that the information in the notice is correct.
  • A statement that Charlie is allowed to act for Bob, under penalty of perjury.
  • A written signature.
• YouTube then removes Alice's video.
• YouTube tells Alice that her video was removed and that her channel has a copyright strike.
• Alice can send a counter-notice to YouTube if she thinks the video was removed unfairly. This notice includes:
  • Her contact information.
  • Details about the video that was removed.
  • A statement, under penalty of perjury, that she believes the video was removed by mistake.
  • A statement agreeing to the rules of a U.S. Federal District Court.
  • Her signature.
• If Alice sends a valid counter-notice, YouTube tells Bob. YouTube then waits 10-14 business days to see if Bob files a lawsuit.
• If Bob does not file a lawsuit, YouTube might put Alice's video back up.

Other Safe Harbor Protections

Transitory Network Communications: Section 512(a)

Section 512(a) protects service providers that act as simple pathways for internet traffic. This means if copyrighted material passes through their networks, they are not responsible. This applies if the material is sent by a user, handled automatically, not changed, and only stored temporarily.

System Caching: Section 512(b)

Section 512(b) protects OSPs that use caching. Caching means making temporary copies of web content to help it load faster. This protection applies if the caching is done in standard ways and doesn't interfere with copy protection systems. If the cached material is made available to users, the OSP must follow the takedown rules.

Information Location Tools: Section 512(d)

Section 512(d) protects OSPs that link users to copyrighted material. This applies to tools like web search engines. If a search engine links to a site with copyrighted material, the OSP is not responsible. This is true as long as they don't know the material is copyrighted. If they find out, they must quickly block access to it.

Other Important Rules

False Claims: Section 512(f)

Section 512(f) stops people from making false copyright claims. If someone knowingly sends a false notice, they can be held responsible. They might have to pay for any damages caused by their false claim. They might also have to pay legal fees.

Identifying Users: Section 512(h)

Section 512(h) allows copyright owners to find out who uploaded copyrighted material. They can ask a federal court for a subpoena. This order forces the OSP to share information about the user. The copyright owner must promise to use this information only to protect their rights.

General Rules for Eligibility: Section 512(i)

Section 512(i) explains the main rules for OSPs to get safe harbor protection. OSPs must have a policy to stop users who repeatedly break copyright rules. They must also tell their users about this policy. And they must work with standard copy protection systems.

Court Orders: Section 512(j)

Section 512(j) describes what a court can order. Even if OSPs are protected from paying money, a court can still order them to stop providing access to copyrighted material. Or they might have to close the account of a user who keeps breaking copyright rules.

Related Laws

Other countries have similar laws to OCILLA. For example, the European Union has the Electronic Commerce directive. This directive also has rules about limited responsibility for online hosts. Korea and Taiwan also have similar laws about online service provider responsibilities and takedown notices.