The Communications Decency Act (CDA) and Safe Harbor provisions of the Digital Millennium Copyright Act (DMCA) give some protections to operators of websites and other online services from some third-party claims arising out of user generated content. The law is continuing to evolve. Click here to see a terrific summary of notable cases and legislation posted on the BakerHostetler Copyright, Content, and Platforms blog written by Alan Friel and Zoe Steinberg. In short, online services that permit users to post and display messages, photos, profiles, reviews and other content should carefully administer user content programs to try to qualify, as much as practical, for the protections available under the CDA and DMCA. While there are gaps in the scope of protection and not all eligibility requirements may be met in all instances, these protections are important tools for online services to reduce their user content risks.
