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US Copyright Law: Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA 1998) of the US Copyright Law, tackles copyright infringement concerning technology and digital content. Here are some significant facets of the DMCA’s implementation in the US:

Safe Harbor Provisions

The DMCA protects online service providers (OSPs) from liability for copyright infringement committed by their users. OSPs can qualify by meeting specific standards. One example is executing a notice-and-takedown system to remove infringing content. This is in response to a legitimate copyright infringement notice from a copyright owner.

Notice-and-Takedown Procedure

  • Copyright owners can send a notice of claimed infringement. It is the DMCA takedown notice. Send it to OSPs to request the removal of infringing content from their platforms.
  • OSPs must quickly delete or disable access to the allegedly infringing material.
  • Inform the user who uploaded the content of the takedown.

Counter Notification

  • Submit a counter notification to the OSP if you don’t agree with the DMCA takedown notice. Assert your right to post the content.
  • The OSP will convey the counter notification to the copyright owner. The owner only has a limited time to file a legal action against the user.
  • The OSP can reinstate the deleted content without the legal action.

Anti-Circumvention Provisions

The DMCA prohibits the circumvention of technical measures used to limit access to copyrighted works. An example is digital rights management systems. Note the prohibited actions below. These are principally intended or created with the intention of bypassing restrictions:

  • To manufacture and import
  • To offer to the public, distribute, or traffic in any technology, product, service, device, component, or part

Online Copyright Infringement Liability Limitation Act (OCILLA)

OCILLA is part of the DMCA. It establishes the legal framework for the safe harbor protections. It details the requirements OSPs must meet to qualify for safe harbor protection. OCILLA outlines the process for responding to notices of claimed infringement and counter-notifications.

Penalties for the Misrepresentation of the US Copyright Law

The DMCA penalizes anyone who intentionally misrepresents in a notification or counter-notification. False claims are either:

  • Information or activity is infringing
  • It was deleted by mistake or blocked by misidentification

Such dishonesty may result in liability for damages, including court expenses and lawyers’ fees.

The DMCA has defined OSP obligations and created means for dealing with online infringement. It had a considerable influence on the enforcement of copyright law in the digital age.

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