DMCA Tutorials
Hosting Provider Legal Obligations for Content: What They Must Do
Understanding what hosting providers are legally required to do (versus what they choose to do voluntarily) helps you understand why different providers respond differently to the same complaints and choose the right provider for your needs.
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US Hosting Provider Requirements
US-based hosting providers are legally required to:
- Maintain a registered DMCA agent to receive takedown notices
- Act expeditiously to remove infringing material upon receiving valid DMCA notices
- Implement a repeat infringer termination policy
- Comply with lawful court orders and law enforcement subpoenas
- Comply with NSL (National Security Letters) with gag orders in appropriate circumstances
US providers are not legally required to:
- Monitor content proactively for infringement (512(m) expressly says no monitoring obligation)
- Comply with requests from non-US rights holders without proper US legal process
- Act on unverified complaints or requests that aren't valid DMCA notices
Non-US Hosting Provider Requirements
Romanian, Icelandic, and other non-US hosting providers are legally required to:
- Comply with their own domestic laws (Romanian law, Icelandic law)
- Respond to lawful requests from their own country's law enforcement
- Respond to Mutual Legal Assistance Treaty (MLAT) requests after judicial review
- For EU members (Romania, Bulgaria): comply with some EU directives, including aspects of EU copyright law
Non-US providers are not legally required to:
- Comply with US DMCA takedown notices
- Respond to US law enforcement requests without MLAT process
- Apply US legal standards to content hosted on their infrastructure
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