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In addition to the safe harbors and exemptions the statute explicitly provides, 17 U.S.C. 1201(a)(1) requires that the Librarian of Congress issue exemptions from the prohibition against circumvention of access-control technology.
The second way that an OSP can be put on notice that its system contains infringing material, for purposes of section 512(d), is referred to the "red flag" test. [12] The "red flag" test stems from the language in the statute that requires that an OSP not be "aware of facts or circumstances from which infringing activity is apparent."
For example, a blind person could develop a means to listen in audio form to an electronic book which had been purchased in text form. Restores Valid Scientific Research. The bill amends the DMCA to permit researchers to produce the software tools necessary to carry out "scientific research into technological protection measures."
Online Service Provider "Safe Harbor": Section 512 ("OCILLA", passed as part of the DMCA in 1998) provides a contingent "safe harbor" for online service providers from secondary liability for their users' copy infringements. US copyright law does not allow works created by animals to be copyrighted. [67] [68] [69]
Critics of the DMCA have often noted the absence of an explicit exception for circumvention to enable fair use. [2] [3] [4] Section 103(c)(1) of the DMCA (17 U.S.C. Sec. 1201 (c)(1)) does state that [n]othing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use, under this title ...
The 2017 edition includes a new postscript [8] responding to some of the legal developments during the 19 years that followed Congress's enactment of the DMCA. Significant reviews [ edit ]
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The basis for notice and takedown procedures under EU law is article 14 of the Electronic Commerce Directive, adopted in 2000.Article 14 applies to content hosts in relation to all "illegal activity or information".