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I run a site that allows users to provide their own content & have it publicly available. I've got a standard privacy policy but am wondering what measures I should take to ensure I'm covered by the Safe Harbor clause in the DMCA.

Do I need a terms & conditions page? Does it need to be linked / quoted on the publishing pages? Do I just need to ensure I respond to any DMCA notices that come in?

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In order to qualify for safe harbor protection, a service provider who hosts content must:

  • have no knowledge of, or financial benefit from, infringing activity on its network
  • have a copyright policy and provide proper notification of that policy to its subscribers
  • list an agent to deal with copyright complaints

That page also has a link to an extensive FAQ.

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