Protection requires designating an agent, adopting and reasonably implementing a repeat infringer policy, lacking actual or red flag knowledge, not receiving a direct financial benefit while able to control, and removing material upon notice.
Each element is independently required.
Alternative Names:
Section 512 Safe Harbor|Service Provider Safe Harbor
Why it Matters?
Repeat infringer policy implementation is where safe harbor is most often lost, since having a written policy is insufficient without evidence of actual termination of repeat infringers, and courts have stripped protection from providers that never terminated anyone. Red flag knowledge requires awareness of specific infringing material rather than general awareness that infringement occurs on the platform, which is a defense-favorable standard.
Frequently Confused with
Related terms
Frequently asked questions
Where is safe harbor most often lost?
What does red flag knowledge require?
