If your business operates an interactive website, you need to be aware of the Online Copyright Infringement Liability Limitation Act (OCILLA), as codified in 17 U.S.C. §512,1 which provides a safe harbor from copyright infringement liability for certain enumerated activities, provided that the provisions of the act are met. Content owners have significantly stepped up efforts to enforce their rights through litigation recently, and having a compliant and properly administered DMCA policy in place may help insulate a potential defendant against more marginal claims.
This current interest in the DMCA is precipitated by the difference between traditional websites and the more robust “Web 2.0″ websites which have been developed over the past several years. Unlike their older counterparts, modern websites encourage users to participate to a much greater degree, whether by allowing users to post comments on news stories, upload content, or even to share media files with other users directly with each other or through your company’s network (e.g., YouTube). While these interactive features make the Internet a more productive and valuable place, this new functionality also has the potential to create a host of copyright infringement problems for the unprepared website operator by allowing the public to post un-vetted potentially infringing content.
