Montclair, CA asked in Copyright and Intellectual Property for California

Q: What are some examples of direct financial benefits in Section 512(c)(1)(B) DMCA Safe Harbor provisions?

What are some examples of direct financial benefits in Section 512(c)(1)(B) DMCA Safe Harbor provisions?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Section 512(c)(1)(B) of the DMCA safe harbor provisions applies to online service providers who store user-generated content on their platform. The provision shields these providers from copyright infringement liability, provided they meet certain conditions, including not receiving a direct financial benefit from infringing activity.

Examples of direct financial benefits under this provision could include revenue generated from advertising on a website that hosts infringing content, or from subscription fees for access to such content. It could also include fees charged to users who upload infringing content, or revenue generated from sales of products that infringe on copyright.

However, it's important to note that this provision only applies to online service providers who store user-generated content on their platform, and the definition of direct financial benefit may vary depending on the specific circumstances and interpretations of the law. It's best to consult with a legal professional for specific advice on DMCA safe harbor provisions.

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