A repeat infringer policy is a service provider's rule for terminating the accounts of users who repeatedly infringe copyright, required to keep DMCA safe-harbour protection.
Under 17 U.S.C. §512(i)(1)(A), a service provider qualifies for the DMCA safe harbours only if it has adopted, reasonably implemented and informed its users of a policy for terminating repeat infringers in appropriate circumstances. The law does not set a number of strikes; providers design their own systems, such as YouTube's three copyright strikes within 90 days.
US courts have held that providers can lose safe-harbour protection when they fail to reasonably enforce such a policy, which gives hosts, platforms and internet access providers a strong incentive to track infringement notices against each account.
In practice
When the same account or channel keeps reposting your content, each valid copyright notice counts against it under the provider's repeat infringer policy, and enough of them can get the whole account terminated rather than one upload removed at a time. Keeping a record of every notice filed against an account helps when asking a platform or host to apply its policy.
Source: 17 U.S.C. §512 ↗
Related removals
- YouTube channel — Custom quote, pay on success
- DMCA takedown — Quoted by scope, pay on success
- Creator leaks — Free confidential assessment, pay on success
Related terms
- DMCA takedown — A DMCA takedown is a notice under US copyright law asking a host, platform or search engine to remove material that infringes a copyright you own or are authorised to enforce.
- YouTube copyright strike — A YouTube copyright strike is a penalty placed on a channel when YouTube removes one of its videos in response to a valid copyright removal request.
- Counter-notice — A counter-notice is the uploader's formal response to a DMCA takedown, asking the provider to restore material they believe was removed by mistake or misidentification.
- Takedown notice — A takedown notice is a formal written request asking a platform, host or search engine to remove specific content because it breaks the law or the provider's own rules.