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If you run a website, social network, or any kind of platform where users can upload or share content — artwork, videos, music, or anything else — you might be wondering: Am I legally responsible if one of my users uploads something that infringes copyright?
The short answer: Not necessarily — but only if you meet certain legal requirements.
Under U.S. copyright law — specifically the Digital Millennium Copyright Act (DMCA) — platforms that host or transmit user-generated content are generally referred to as “service providers.”
Importantly, this term isn’t limited to internet access companies like Comcast or Verizon. In the eyes of the law, it includes:
So if your website allows users to post or upload content, you’re likely considered a service provider under the DMCA.
The DMCA offers what’s known as “safe harbor” protection to service providers. This protection shields your business from financial liability if your users upload infringing content — such as copyrighted artwork — as long as you follow certain rules.
To qualify for DMCA safe harbor, your platform must:
Let’s say you operate an online art-sharing platform. A user uploads a piece of copyrighted art without permission. If you’ve taken the proper steps to comply with the DMCA — and you promptly remove the content once notified — you’re likely protected from liability.
But if you ignore takedown requests, fail to enforce your own policies, or encourage infringement in any way, you could lose safe harbor protection — and open your business up to legal claims.
You’re not automatically liable for your users’ copyright violations — but you’re not automatically off the hook either. The law gives you a path to avoid liability, but only if you act responsibly and meet the DMCA’s requirements.
If your website or app allows users to post content of any kind, understand the rules, build compliant policies, and take infringement seriously. It’s not just about protecting artists — it’s about protecting your business.
If you’re unsure whether your platform qualifies for safe harbor protection — or you need help creating a repeat infringer policy, takedown process, or terms of service — now is the time to act. Don’t wait for a legal threat to force your hand.
👉 Reach out today to discuss how to protect your platform from copyright liability and stay compliant with the law.
Protect your users. Protect your business. Protect your future.
