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ARTICLE · 03 JUNE 2013

YouTube (Part III) Notice-And-Take-Down Safe Harbour Under The DMCA

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Given that many Canadian Internet web sites do receive U.S. visitors and many also utilize a DMCA safe-harbour provision, understanding the scope of protection that the safe harbour provides can be important to Canadians.

CanadaIntellectual Property
J. Sébastien Gittens
J. Sébastien Gittens
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A driving force for the development of the Internet was to provide certainty for Internet service organizations on the liability exposure they may have for acts of third parties on their Internet sites.

Given that many Canadian Internet web sites do receive U.S. visitors and many also utilize a DMCA safe-harbour provision, understanding the scope of protection that the safe harbour provides can be important to Canadians. The ongoing legal saga in Viacom International Inc., et al. v. YouTube, Inc., YouTube, LLC, and Google, Inc., 07 Civ. 2103 illuminates the scope of the DMCA safe harbour.

The DMCA provides safe-harbour protection against certain copyright infringement claims in respect of third-party copyright infringing content posted on the Internet service organization's web site. The scope and extent of the safe harbour protection was tested in, Viacom International Inc., et al. v. YouTube, Inc., YouTube, LLC, and Google, Inc.,07 Civ. 2103 and 3582, decided

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