Q: does a website in which users can write summaries of any article infringe copyright?
hi, I have a website in which users are able to write summaries of any article on the web (if you want to understand, the link is https://breefy.com/); I am wondering if maybe some summaries are too similar to the real article and this can lead to problems with copyright and maybe to very expensive penalties, am I worrying too much?
A:
You're not worrying enough if your site is live and you haven't planned for the possibility of copyright infringement and worked to mitigate any risk. Copyright infringement is probably your greatest source of potential liability for a website like this (statutory damages range from $750-$150,000 for infringement).
The good news for you: There is a way to manage this liability for user-submitted materials which may give rise to a copyright infringement claim. You'll want to look into qualifying for the Digital Millennium Copyright Act (DMCA) safe harbor provision a/k/a DMCA 512. You should consult with an attorney familiar with copyright law to help you take all the necessary steps to qualify for this safe harbor provision. The main steps are designating a DMCA takedown agent (which can be you or someone who agrees to receive and process DMCA takedown notices for you), posting their contact information on your website, and filing their information with the U.S. Copyright Office with the $105 fee. Once you have an agent appointed, you'll want to make sure that they are familiar with their duties as your DMCA takedown agent.
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