The Electronic Frontier Foundation, a leader in the protection of Internet rights and the open source community, has issued six principles to help copyright owners "minimize collateral damage" and standardize approaches in removing infringing user generated content.

The Six Steps are:

1. A Wide Berth for Transformative, Creative Uses. The intent is to allow a wide degree of interpretation and leniency in the definition of "Fair Use" in the sense of parody, comment and criticism, in appeasement to and protection of the potential largely non-lawyer portion of the population. Especially in areas that are transformative or non-commercial in nature.

2. Filters Must Incorporate Protections for Fair Use. In the realm of automated software checking for and removing content, it is recommended that additional steps be taken to accommodate for potentially "Fair Use" associated content. The steps include applying a matching test for completeness of product, allowing humans to overrule automated processes, and ensuring the minimum amount of intimidation and encroachment in areas of free speech and public comment.

3. DMCA Notices Required for Removals. Service providers must require DMCA compliant take down notices before removing user generated content.

4. Notice to Users upon DMCA Takedown. It is also important to educate the users of these services, particularly in instances of repeat violators. By issuing the notice of infringing content and educating the user on what is and what is not "Fair Use", the user is put on notice and is also better equipped to comply with the law in the future.

5. Informal Reconsideration Process. If a user feels that their content was removed or blocked for unwarranted circumstances, a procedure or process should be created to allow for review, allowing users to petition in an informal and user friendly manner.

6. Mandatory Reinstatement upon Counter-notice or Retraction. Users, Service Providers and Copyright Owners should all be informed of instances when content is returned, "put-back", or unblocked, allowing for further comment, or simply to ensure that all interested parties are appraised of the matter.

You can view the entire release here .