Online Copyright Infringement Liability Limitation Act

Definition

The Online Copyright Infringement Liability Limitation Act (OCILLA) is a part of the Digital Millennium Copyright Act (DMCA) that provides safe harbors for online service providers against copyright infringement claims, as long as they meet certain requirements to limit their liability.

5 Must Know Facts For Your Next Test

1. The OCILLA was enacted as part of the DMCA in 1998 to provide legal certainty for online service providers and encourage them to cooperate with copyright owners to address infringement.
2. The safe harbor provisions in the OCILLA apply to online service providers that meet certain requirements, such as having a policy to terminate repeat infringers and designating an agent to receive takedown notices.
3. The notice and takedown procedures in the OCILLA require copyright owners to provide specific information about the allegedly infringing content, and online service providers must respond expeditiously to remove or disable access to the content.
4. The OCILLA has been criticized for placing the burden of policing copyright infringement on online service providers, which can lead to the removal of legitimate content due to the threat of liability.
5. The OCILLA has been a significant factor in the growth and development of the internet, as it has provided legal protections for online service providers and encouraged them to cooperate with copyright owners.

Review Questions

• Explain the purpose and key provisions of the Online Copyright Infringement Liability Limitation Act (OCILLA).
  • The OCILLA was enacted as part of the Digital Millennium Copyright Act (DMCA) to provide legal protections for online service providers against copyright infringement claims, as long as they meet certain requirements. The key provisions of the OCILLA include the safe harbor provisions, which shield online service providers from liability if they remove infringing content upon notification, and the notice and takedown procedures, which require copyright owners to provide specific information about allegedly infringing content and require online service providers to respond expeditiously to remove or disable access to the content.
• Discuss the impact of the OCILLA on the growth and development of the internet.
  • The OCILLA has been a significant factor in the growth and development of the internet by providing legal certainty and protections for online service providers. The safe harbor provisions have encouraged online service providers to cooperate with copyright owners to address infringement, while the notice and takedown procedures have provided a framework for addressing copyright concerns. This legal framework has helped to foster the growth of online platforms and services, as online service providers have been able to operate with reduced liability concerns.
• Analyze the criticisms and controversies surrounding the OCILLA, particularly in terms of its impact on free speech and the potential for abuse of the notice and takedown procedures.
  • The OCILLA has been criticized for placing the burden of policing copyright infringement on online service providers, which can lead to the removal of legitimate content due to the threat of liability. This has raised concerns about the potential for the OCILLA to be abused to censor free speech, as copyright owners can use the notice and takedown procedures to remove content they disagree with, even if it is not actually infringing. Additionally, the OCILLA has been criticized for creating a system where online service providers may err on the side of removing content to avoid liability, even if the content is ultimately determined to be non-infringing.

Related terms

Digital Millennium Copyright Act (DMCA): The DMCA is a 1998 United States copyright law that criminalizes the circumvention of digital rights management (DRM) and provides guidelines for online service providers to limit their liability for copyright infringement.

Safe Harbor Provisions: The safe harbor provisions in the OCILLA shield online service providers from copyright infringement liability if they meet certain requirements, such as removing infringing content upon notification and having a policy to terminate repeat offenders.

Notice and Takedown Procedures: The OCILLA establishes a notice and takedown process where copyright owners can notify online service providers of infringing content, and the providers must respond expeditiously to remove or disable access to the content.