As Internet service providers (“ISPs”), cable operators often receive online infringement notices and subpoena requests from local law enforcement agencies.  Recently, we have seen an increase in the number of notices received by cable operators, and highlight an important law that cable operators, as ISPs, must comply with – the Digital Millennium Copyright Act (“DMCA”).

The DMCA includes the Online Copyright Infringement Liability Limitation Act, which offers ISPs significant protection from copyright infringement claims.  By virtue of the service they provide as ISPs, cable operators are exposed to infringement claims arising from copyrighted material illegally placed on the operator’s network by a user.  The DMCA establishes procedures through which the cable operator can obtain immunity from these damage claims.

To obtain the protection provided by the DMCA, cable operators must fulfill several compliance obligations, including registering an agent to receive infringement complaints, adopting and posting a repeat infringer policy, and responding to infringement complaints appropriately. 

By following these steps, cable operators can benefit from statutory immunity from monetary liability.  If you have any questions about the DMCA, or copyright infringement in general, please contact Heidi Schmid at (312) 372-3930 or hschmid@cinnamonmueller.com.