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DMCA Notice-and-Takedown Provisions

Some legal blogs claim that the notice-and-takedown provisions of the Digital Millennium Copyright Act impinge on free speech by providing an extra-judicial process for removing allegedly infringing content from a website.

I take issue with this view, arguing that the DMCA's "safe harbor" provisions for ISPs reduce unnecessary litigation by giving ISPs a bright line test to avoid any risk of liability.



Rafael Mangual
Project Manager,
Legal Policy

Katherine Lazarski
Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.