Gimme Shelter: When Does a Content-Sharing Website Incur Copyright Liability? (PDF)
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On the surface, the 2d and 9th Circuits appear to be in harmony regarding the standards in measuring the availability of the DMCA safe harbor to on-line service providers. Each agrees that failing to take down infringing content, despite awareness of facts that would cause a reasonable person to conclude that a specific act of infringement is occurring, can deprive the service provider of the safe harbor. However, they don't entirely agree.
Thomas C. Carey is a partner at Sunstein Kann Murphy & Timbers LLP. He advises start-ups and established companies in matters involving capital-raising, licensing, mergers and acquisitions and tax planning. He also is experienced in outsourcing, joint ventures, corporate governance and FDA compliance matters. Tom maintains long-term relationships with senior management of corporate clients, who rely on his judgment and expertise in strategic matters.
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