The following is provided for information purposes, and not meant to be legal advice.
Ever wonder how long a service provider must keep alleged infringing materials taken down from a web site?
Under the DMCA, in order to avail itself of the safe harbor, a service provider, when in receipt of an infringement notice, must: 1) take down the material; 2) notify the alleged infringer that the material has been removed; and 3) forward any counter-notices from alleged infringers to the complainant.
If after 10-14 days, the complainant has not notified the service provider that it has filed a lawsuit, then the service provider may reinstate the material. However, there is no obligation to re-post. A service provider may keep the content down for business reasons.What happens if the service provider does not receive any counter
notification? When can the service provider destroy or stop
retaining the alleged infringing materials after they have been taken
down?
There does not appear to be any set rule as to how long a service provider must keep the content after it has been pulled. If the content is the subject of a lawsuit, the service provider should not destroy the content until the lawsuit is fully resolved, but it seems the service provider may otherwise set its own practice on when to destroy pulled content.
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