Navigating DMCA: Limitation of Liability, Notice, Takedown Procedures, and Safe Harbors
Best Practices for Copyright Holders and Online Service Providers

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, March 26, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide guidance on the Digital Millennium Copyright Act (DMCA), limitation of liability, and safe harbors. The panel will discuss notice and takedown procedures, offering best practices for copyright owners and subscribers as well as online service providers (OSPs).
Faculty

Mr. Doniger focuses on business disputes in general and intellectual property in particular, representing photographers, authors, fine artists, and clients in the marketing, fashion, entertainment, real estate and hospitality industries. Over his 25 years of practice, Mr. Doniger has established an impressive litigation record, particularly in the handling of copyright and trademark disputes. He currently serves as counsel for American Photographic Artists, and works with the Coalition of Visual Artists to, inter alia, advance the rights of artists through the promotion of legislative and other avenues. He has been a featured speaker on IP topics for CSUSA, The California Lawyers Association, APA, California Lawyers for the Arts, USC’s Law School and Marshall School of Business, the Art Institute, and many other groups. He has been featured and quoted in many other articles on IP and business topics, and has been retained as an expert witness in copyright infringement prosecution.

Mr. Palmisciano represents global brands, technology companies and media organizations in a range of intellectual property and commercial matters. He has extensive experience with transactional IP matters, including technology and software licensing, SaaS agreements, content licensing, trademark coexistence, merchandising and brand licensing, professional services agreements, and website and mobile application terms of use. Mr. Palmisciano manages the IP aspects of corporate, M&A and financing transactions for public and private companies. He also regularly serves as outside general counsel and commercial counsel to emerging businesses. Mr. Palmisciano’s practice also focuses on the clearance, prosecution and enforcement of trademarks and copyrights. He counsels clients on all aspects of domestic and international trademark selection and searching, portfolio management, brand strategy, copyright protection, fair use and domain name acquisitions. Mr. Palmisciano represents clients across industries in pre-litigation and administrative enforcement matters including cease and desist letters, oppositions, cancellations, DMCA takedowns and domain name disputes.
Description
Nearly 30 percent of all takedown requests are problematic with millions targeting sites that aren't clearly infringing content.
Under the Section 512 safe harbor provisions of the DMCA copyright owners can protect their copyrights without liability being imposed on OSPs. Lenz v. Universal Music Corp. (9th Cir. 2015) shifts the burden to the content owner to correctly identify infringing material and means that, before demanding takedown of infringing material, the copyright owner must evaluate the risk of liability for misrepresentation.
As technology continues to create new ways for sharing content, the courts will face novel issues challenging the application of DMCA safe harbor provisions. New technology raises the complexity when determining whether a service provider knew of infringing activity or whether a copyright owner engaged in a good faith consideration of fair use.
Listen as our authoritative panel examines the DMCA and its criteria. The panel will discuss limitation of liability and safe harbors. The panel will also cover notice and takedown procedures, including Section 512 pitfalls for the unwary. The panel will offer best practices for both copyright owners and subscribers as well as OSPs.
Outline
- DMCA criteria
- Limitation of liability
- Notice and takedown
- Put back procedure
- Safe harbors
- Best practices
- For copyright holders
- For OSPs
Benefits
The panel will review these and other key issues:
- What are the notice and takedown procedures? What safeguards are in place to prevent abuse of the process?
- What are the challenges for the service provider? For the copyright owner?
- How does the Lenz decision change the playing field for the use of the safe harbor provisions?
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