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When someone uses your copyrighted work without your consent, you can file a DMCA claim against the infringing party. If they do not remove your content or file a counterclaim, you could file a lawsuit and attempt to recover damages.
Avoiding DMCA violations is not always as clear-cut as it might seem. Some violations are unintentional. If a faculty member or student infringed, the OSP will not be held liable for that individual's actions if:. Upon receipt of a compliant takedown notice, a service provider must respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of the infringing activity.
If a service provider fails to do so, it may lose its safe harbor protection and be subject to an infringement suit. The purpose of this guide is to provide resources and information for resolving copyright questions.
This research guide does not supply legal advice nor is it intended to replace the advice of legal counsel. There are a number of narrowly-tailored exceptions provided, as well as a triennial rulemaking by the Library of Congress to exempt classes of copyrighted works.
If the conduct of a service provider meets all the specific requirements of a safe harbor, the service provider will not be liable for monetary damages for copyright infringement, although injunctions to stop future infringement are possible.
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