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Last revision: 09/02/2024
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Download a basic template (FREE) Create a customized documentA Copyright Infringement Policy is a document that can be posted on a website by the website operator outlining the specific rules prohibiting copyright infringement by users.
A Copyright Infringement Policy can be drafted under the Digital Millennium Copyright Act, or DMCA. This is a federal law that creates a safe harbor for owners of websites that allow users to post content. If the guidelines of the DMCA are followed by the website operator, including registration of a DMCA agent, that website may not be liable for copyright infringement due to user posts.
In order to fully take advantage of the provisions of the DMCA, it is important to consult with an attorney specialized in this area.
Even without taking advantage of the DMCA, however, website operators can utilize this Copyright Infringement Policy. In that case, it would be a straightforward notice to website users that copyright infringement will not be tolerated, as well as the operator's guidelines for sending a written document regarding alleged infringements.
How to use this document
This document is quite short and simple. It will only request basic identifying details about the website and its copyright agent. The rest of the information is already complete, as most Copyright Infringement Policies contain the same required information, based on the DMCA.
The completed policy describes how visitors to the website can send a notice to the operator explaining that their copyright has been infringed. It also describes what the website owner will do in that case and a policy prohibiting repeat infringers.
This is not a negotiated agreement, so when it is filled out, it should simply be posted on the relevant website. This document is not meant to constitute a complete set of Terms & Conditions or a Privacy Policy. Instead, it only references one specific element of user behavior: copyright infringement.
For website operators looking to find protection under the DMCA, a DMCA agent must be registered with the U.S. Copyright Office. Additionally, it is imperative to speak to a licensed attorney in this area to understand whether protection is possible for the website at issue.
Applicable law
The DMCA generally governs which websites can be protected from copyright infringement claims, and the steps they must take to do so, including registering an agent with the U.S. Copyright Office.
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Copyright Infringement Policy - FREE - Sample, template
Country: United States