17.30 Copyright — Affirmative Defense – Limitation on Liability for Information Residing on Systems or Networks is a legal defense recognized by the U.S. Copyright Act that limits the liability of a service provider for copyright infringement. This defense is applicable to service providers that store or transmit copyrighted information or materials on systems or networks. It provides that, if the service provider does not have actual knowledge of infringing information or materials, or if the service provider is not aware of facts or circumstances from which infringing activity is apparent, then it shall not be liable for copyright infringement. Types of 17.30 Copyright — Affirmative Defense – Limitation on Liability for Information Residing on Systems or Networks include: — Safe Harbor Provisions: Safe harbor provisions provide immunity from liability for certain types of copyright infringement when the service provider meets certain criteria. — Notice and Takedown Procedures: Notice and takedown procedures require the service provider to remove infringing material from its systems or networks upon receiving notice of copyright infringement from the copyright holder. — Noticstayadownwn Procedures: Notice and stay down procedures require the service provider to take steps to prevent re-uploading of infringing material after it has been removed. — Designated Agent Requirements: Designated agent requirements require the service provider to designate an agent to receive notice of copyright infringement from the copyright holder, and to make this information available to the public.
17.30 Copyright-Affirmative Defense-Limitation on Liability for Information Residing on Systems or Networks
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FAQ
Self-defense, however, is not an affirmative defense because the burden of proof always stays on the prosecutor in a self-defense claim.
A defense based on facts other than those that support the plaintiff's or government's claim. A successful affirmative defense excuses the defendant from civil or criminal liability, wholly or partly, even if all the allegations in the complaint are true.
The DMCA safe harbor provisions are affirmative defenses to copyright infringement.
Self-defense, entrapment, insanity, necessity, and respondeat superior are some examples of affirmative defenses.
17 U.S.C. 512(f ). Potential plaintiffs under Section 512(f ) include both users (who may be injured by a copyright owner's misrepresentation that particular material is infringing) and copyright owners (who may be injured by a user's misrepresentation that the material was wrongly removed).
§ 107) One who is not the owner of the copyright may use the copyrighted work in a reasonable way under the circumstances without the consent of the copyright owner if it would advance the public interest. Such use of a copyrighted work is called a fair use.
Enacted in 1998 as part of the Digital Millennium Copyright Act (DMCA), section 512 established a system for copyright owners and online entities to address online infringement, including limitations on liability for compliant service providers to help foster the growth of internet-based services.