DMCA Safe Harbors De-Coded: 17 U.S.C. Section 512 Re-Organized In More Logical Order

Organizationally speaking, the Safe Harbors part of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, doesn't make much sense. Provisions governing related matters are often scattered through the section, and because the order is not logical, it is difficult to recall where important provisions are to be found. For example, sub-section (i) is headed "Conditions for Eligibility." But they aren't the only conditions; others are stated in sub-sections (a)(1) through (5), (b), (c)(1), and elsewhere. The contents of a valid take-down notification are set forth in sub-section (c)(3)(A). But the requirements for a valid counter-notice are not found until a thousand words later, in sub-section (g)(3). The important provision that online service providers have no duty to monitor for infringing content is stated in a sub-section headed, "Protection of Privacy."