The Digital Millennium Copyright Act . The DMCA was passed in 1998 as an anti-piracy statute effectively making it illegal to circumvent copy protections designed to prevent pirates from duplicating digital copyrighted works and selling or freely distributing them.
Among the vast number of issues addressed by the DMCA , two key sets of provisions have particular importance in the protection and access to artistic material on the Internet: the prohibition of unauthorized access to copyrighted works by technologies that circumvent protection systems and the limitation of copyright
Digital Millennium Copyright Act (or DMCA ) is a rather controversial law by US government enacted in 1998 by then-president Bill Clinton. The aim of DMCA is to balance the interests of copyright owners and users and look into any sort of copyright infringement that surface in the digital world.
Infringing material can also be removed from search results by issuing a notice to a search engine. A written notice must be sent to the organization’s DMCA agent in writing, identifying the original copyrighted work and the material infringing on a copyright . It must be signed by the copyright holder or their agent.
The DMCA includes provisions that make it illegal to hack technologies that copyright owners use to protect their works against infringement, such as encryption, password protection of other types of measures. These provisions are commonly referred to as the “Anti-Circumvention” provisions of the DMCA .
October 12, 1998
The owner of copyright has the exclusive right to reproduce, distribute, and, in the case of certain works, publicly perform or display the work; to prepare derivative works; in the case of sound recordings, to perform the work publicly by means of a digital audio transmission; or to license others to engage in the
The DMCA’s “ safe harbor ” regime offers immunity to claims of copyright infringement if (among other requirements) online service providers promptly remove or block access to infringing materials after copyright holders give appropriate notice.
President Bill Clinton
The penalties for copyright infringement are: For individuals – financial penalty up to $117,000 and a possible term of imprisonment of up to five years.
As the creator, owner, or holder of the copyrighted material, it’s up to you to enforce your rights to stop the infringing activity. Perhaps the most straightforward and commonly used method to stop copyright infringement is to send a so-called Copyright Infringement Notice directly to the offending party.
notice and takedown process
While many users panic when receiving infringement notices from their ISP, in the majority of cases there is no need to worry . Stopping sharing the content in question usually solves the problem and if no additional sharing takes place, no further warnings should be received, for that content at least.
If you want to avoid DMCA claims, the best strategy is to never play or use any material that isn’t owned or licensed by you. If you’re making a video with music in the background, you should license that music. If you’re using stock footage, you should buy it or use something that’s explicitly marked for reuse.
Here’s how to respond to a DMCA takedown notice and file a counter – notice : Step 1: Find a Reason for Filing a Counter – Notice . Step 2: Make Sure You Aren’t Actually Infringing. Step 3: Draft Your Counter – Notice . Need More Help?