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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

Manhattan Institute


Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.