I believe you are thinking of the "safe harbors" provision of the
Digital Millennium Copyright Act of 1998 (often referred to as the
DMCA.)
An overview of the DMCA is available here:
UCLA Online Institute for Cyberspace Law and Policy
http://www.gseis.ucla.edu/iclp/dmca1.htm
The full text of the act is available here:
Library of Congress
http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281.ENR:
This is the applicable portion regarding release from liability for
unknowingly republishing copyrighted materials:
"IN GENERAL- A service provider shall not be liable for monetary
relief, or, except as provided in subsection (j), for injunctive or
other equitable relief, for infringement of copyright by reason of the
storage at the direction of a user of material that resides on a
system or network controlled or operated by or for the service
provider, if the service provider--
(A)(i) does not have actual knowledge that the material or an activity
using the material on the system or network is infringing;
(ii) in the absence of such actual knowledge, is not aware of facts or
circumstances from which infringing activity is apparent; or
(iii) upon obtaining such knowledge or awareness, acts expeditiously
to remove, or disable access to, the material;
(B) does not receive a financial benefit directly attributable to the
infringing activity, in a case in which the service provider has the
right and ability to control such activity; and
(C) upon notification of claimed infringement as described in
paragraph (3), responds expeditiously to remove, or disable access to,
the material that is claimed to be infringing or to be the subject of
infringing activity."
Library of Congress
http://thomas.loc.gov/cgi-bin/query/F?c105:1:./temp/~c105D8oF66:e57238:
More information on the "safe harbors" may be found on these sites:
Digital Law Online
http://www.digital-law-online.com/lpdi1.0/treatise33.html
Lewis & Clark College: Cyberspace Law
http://www.lclark.edu/~loren/cyberlaw99fall/projects99/raquillet/index.htm
University of North Carolina
http://www.northcarolina.edu/content.php/legal/dmca/index.htm
Search terms used:
"digital millennium copyright act"
"dmca"
"safe harbors"
I hope this is the information you were looking for. If it is not, or
if anything I've said is unclear, please request clarification; I'll
be glad to offer further assistance before you rate my answer.
Best wishes,
pinkfreud |
