Question from Vicky, What are the obligations of an online platform under DMCA section 512 title 17 when infringing material has been shared?
Answer from AI:
The Digital Millennium Copyright Act (DMCA) is a U.S. copyright law that provides guidelines for online service providers in case of copyright infringement. According to Section 512 of Title 17 of the DMCA, once an online service provider, like bilibili.com, has received a compliant notice, it must act expeditiously to remove or disable access to the infringing material. The service provider must then promptly notify the user that originally uploaded the material that it has been removed.
What does the DMCA require?
The DMCA does not explicitly require the service provider to notify all users who may have shared the infringing material. Its primary focus is on the removal of the infringing material from the platform and notification to the user who originally uploaded the material.
What can be done if the infringing material is still being shared?
If the infringing material is still being shared by other users on different platforms, you may need to send DMCA takedown notices to those platforms as well. This can be a complex process, and it may be beneficial to consult with a legal professional who specializes in copyright law.
What if the service provider refuses to notify the user?
If the service provider refuses to notify the user who originally uploaded the infringing material, it may be in violation of the DMCA. In such cases, legal advice may be necessary.
Please note: This information is intended to provide a general understanding of the law. It is not intended to provide legal advice. It is always recommended to consult with a legal professional for personalized advice.
Steps to take:
- Document all communication with the service provider.
- Consider sending DMCA takedown notices to other platforms where the infringing material is being shared.
- Consult with a legal professional for personalized advice.