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Navigating DMCA: Limitation of Liability, Notice, Takedown Procedures, and Safe Harbors

Best Practices for Copyright Holders and Online Service Providers

Recording of a 90-minute premium CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, March 26, 2024

Recorded event now available

or call 1-800-926-7926

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).


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.



  1. DMCA criteria
  2. Limitation of liability
  3. Notice and takedown
  4. Put back procedure
  5. Safe harbors
  6. Best practices
    1. For copyright holders
    2. For OSPs


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?


Doniger, Stephen
Stephen M. Doniger, Esq.

Doniger / Burroughs

Mr. Doniger focuses on business disputes in general and intellectual property in particular, representing...  |  Read More

Palmisciano, Michael
Michael S. Palmisciano

Sullivan & Worcester

Mr. Palmisciano represents global brands, technology companies and media organizations in a range of intellectual...  |  Read More

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