The DMCA is a 1996 U.S. Legislative act that defines new procedures for dealing with copyright infringements involving digitized media, including Web content. Before the DMCA s passage, copyright holders had to go to a judge and prove that allegedly purloined content was indeed unlawfully infringed. After the DMCA, a certified letter to the alleged infringer’s Internet service provider (ISP) is all that is required to get the allegedly infringing material off the Web. The ISP is required to remove the content; if the ISP refuses, the ISP automatically becomes liable for contributory infringement. After 14 days, the person accused of copyright infringement may request that the material be reinstated, but to do so is to state, in effect, that the person is willing to risk a lawsuit over the matter. See copyright, digital rights management (DRM).
Technipages Explains Digital Millennium Copyright Act (DMCA)
DMCA is the acronym for Digital millennium copyright act, signed on October 28, 1998, by President Bill Clinton. The DMCA contains five titles, with the most important being Title II, also known as “OCILLA” (Online Copyright Infringement Liability Limitation Act). It creates a safe harbour for providers of online services against liability for acts of infringement from the users of their services. Before a service provider is deemed fit to be protected by the DMCA, several conditions must be satisfied.
The service provider must inform its users and clients of its policies, and in the case of infringement of their service, the service provider must follow the due process as to notifying the proper authorities and taking down the content. There are also other requirements for a service provider to meet to be under the provisions of the safe harbour.
For a service provider to be protected he needs to include a DMCA notice in his term of service agreement for the users to comply with and also allow users to be able to take down contents they feel infringes their rights.
DCMA is an American law that is aimed at protecting digital media from copyright infringement, so if a website or application allows users from the United States of American to post content, such a person needs to comply with the DMCA.
Common Uses of Digital Millennium Copyright Act (DMCA)
- The DMCA protects the copyright of a producers’ content
- The DMCA has been a viable law for over 23 years now.
- Although there are loopholes on the DMCA, it still remains the best law that protects content.
Common Misuses of Digital Millennium Copyright Act (DMCA)
- The DMCA is a legislative law that protects medical doctors from being charged for manslaughter.