Repeat-infringer termination policy
repeat-infringer-termination-policyDomain: ip-dmcaType: policyDescription
Repeat-infringer termination is the DMCA Section 512 safe-harbor condition that forces hosting platforms to actually terminate the accounts of users who get caught infringing copyright more than a few times, and the operative word in the statute is reasonably implemented. A policy that exists on paper but is not enforced does not satisfy the safe harbor; the Fourth Circuit held this against Cox Communications in BMG v. Cox (2018) and the Second Circuit's Capitol Records v. Vimeo line of cases set parallel guardrails. The substantive elements: a written policy that defines what constitutes a strike (typically a takedown notice the platform has accepted as valid), a threshold at which termination occurs (three-strike rolling-window is conventional but not statutory), an internal review and appeal mechanism for disputed strikes, and a recordkeeping system that documents the strikes per account and the termination decisions. The defensibility argument is whether the policy was actually applied to accounts that crossed the threshold, which is why the per-account audit log matters more than the policy text. The piece that consistently goes wrong is the threshold-crossing logic: counterclaim-tolled strikes, expired strikes that were not actually expired, repeat counts that reset across product lines or across accounts associated with the same user. The pattern that holds up under scrutiny errs on the side of termination at the threshold rather than retaining accounts case-by-case.
Applicability
Applies when: business model role is intermediary or mixed.
Required by (1 regulation)
- DMCA
17 U.S.C. § 512(i)(1)(A): adoption + reasonable implementation of a repeat-infringer termination policy is a qualifying condition for §512 safe harbor (BMG v. Cox 4th Cir. 2018; Capitol Records v. Vimeo 2d Cir. 2016).
Fulfilled by (3)
- markmonitor · partial · low effort · $$$MarkMonitor's brand-protection workflows track repeat-infringer counts alongside takedown.
- copyright-agent · partial · low effort · $$Copyright Agent maintains user-strike counters as part of takedown workflow.
- In-house build · medium effortIn-house implementation needs a strike counter joined to user-account state + reviewer queue + termination workflow + appeals process.
ClearLaunch does not accept payment from vendors. Methodology.
Evidence formats
- published repeat-infringer policy in ToS / help center
- strike-counter audit trail per user account
- termination decision log with reviewer + reasoning
- appeal handling SOP + decision log
- annual board / legal review of policy effectiveness