Define: Online Copyright Infringement Liability Limitation Act

The Online Copyright Infringement Liability Limitation Act (OCILLA) is a provision of the Digital Millennium Copyright Act (DMCA) that provides a safe harbor for online service providers (OSPs) from copyright infringement liability for user-generated content.

OCILLA applies to online service providers (OSPs) such as internet service providers (ISPs), search engines, social media platforms, and hosting websites that allow users to upload and share content.

The safe harbor provision of OCILLA means that OSPs are not held liable for copyright infringement committed by their users as long as they meet certain requirements, such as implementing a notice and takedown procedure and promptly removing infringing content upon receiving a valid notice.

A notice and takedown procedure is a process through which copyright holders can notify OSPs about infringing content on their platforms. The OSP must then promptly remove or disable access to the identified infringing material.

No, if an OSP promptly removes or disables access to infringing content upon receiving a valid notice, they are generally protected from copyright infringement liability under the safe harbor provision of OCILLA.

If an OSP fails to comply with the notice and takedown procedure, they may lose the safe harbor protection provided by OCILLA and could potentially be held liable for copyright infringement.

If an OSP has actual knowledge of infringing activity or is aware of facts or circumstances that make infringement apparent, they may lose the safe harbor protection under OCILLA and could be held liable for copyright infringement.

While an OSP is not required to actively monitor or filter user-generated content to maintain safe harbor protection, they may choose to do so voluntarily. However, they must still comply with the notice and takedown procedure if infringing content is identified.

If an OSP receives a financial benefit directly attributable to infringing activity on their platform and has the right and ability to control such activity, they may lose the safe harbor protection under OCILLA and could be held liable for copyright infringement.

If an OSP merely stores infringing content at the direction of users and does not have actual knowledge of the infringement, they are generally protected from copyright infringement liability under the safe harbor provision of OCILLA.