Written By Stephen Carlisle
March 18, 2016
What is Take Down-Stay Down and Why Do We Need It?
Section 512 of the U.S. Copyright Act provides that the copyright owner has the ability to demand that a service provider, or one who provides information location tools, “take down” material that the copyright owner claims is infringing. The elements required to be in the notice are clearly laid out by the section. 2 This notice is served on a designated agent whose job it is to receive takedown notices. If the notice meets the requirements of the statute, the service provider must “respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity.” 3 In return, the service provider is granted immunity for copyright infringement, most often referred to as “safe harbor.” If the person whose material is removed thinks the takedown notice was filed in bad faith, or incorrect, it has the ability to file a “counter-notice.” 4 If the counter-notice is compliant, the material must be reposted within 10-14 business days, unless the service provider is notified that the copyright owner has filed suit.
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