The Digital Millennium Copyright Act rewrote copyright for the internet, and it cuts in several directions at once. Its safe harbors shield qualifying platforms from liability for content their users post. Its notice-and-takedown procedures let copyright owners pull infringing material without going to court. And Section 1201 protects the technical measures that control access to copyrighted works. We advise clients on every side of these issues, whether you run a platform, own the content, or build the technology in between.
Safe Harbor Compliance for Platforms
DMCA safe harbors can limit your liability for user-posted infringement, but only if you meet the requirements precisely. You must designate an agent for takedown notices and register that agent with the Copyright Office, adopt and reasonably implement a repeat-infringer termination policy, accommodate standard technical measures, and respond expeditiously to valid notices by removing or disabling access. You also cannot have actual knowledge of infringement or awareness of facts that make it apparent. We help you stand up a program that earns and keeps that protection.
Takedown Notice Practice
If you own content, takedown notices remove infringement without the expense of litigation. An effective notice contains every required element, identifies your work and the infringing material accurately, pinpoints its location so the platform can act, and makes the representations the statute demands under penalty of perjury. High-volume enforcers need efficient processes to spot infringement, generate notices, and track responses. We build those processes and handle follow-up when platforms drag their feet or infringers repost what came down.
Counter-Notification and Put-Back
When content comes down, the person who posted it can file a counter-notification claiming the removal was wrong. The platform then notifies you, and you have 10 to 14 business days to file a federal lawsuit seeking to restrain the alleged infringer, or the content goes back up. We advise posters on whether a counter-notification is appropriate and draft compliant ones, and we advise copyright owners on whether suing to maintain a removal is worth it. Both sides need to understand exactly how this clock works.
Anti-Circumvention Under Section 1201
Section 1201 bars circumventing technical measures that control access to copyrighted works and bars trafficking in circumvention tools. It protects DRM, access controls, and copy protection independent of any underlying infringement, and violations can bring civil liability and criminal penalties. Exemptions exist for security research, interoperability, and uses recognized in the Copyright Office's triennial rulemaking. We advise technology companies on whether a product or service trips these provisions and how to structure offerings to stay clear, drawing on our own engineering background.
Platform Policy and Creator Protection
Sound content moderation goes beyond bare compliance. We help platforms write copyright policies that define how notices and counter-notices are processed, what counts as repeat infringement and how it is tracked, how disputed content is handled, and how trusted rights-holder programs operate, all while curbing takedown abuse. For creators, who are often both owners and posters, we help register works, send effective notices, push back on improper takedowns aimed at legitimate content, and understand your rights on either side of a dispute.