Friday, June 16, 2023

What is DMCA ?

DMCA stands for the Digital Millennium Copyright Act, which is a United States copyright law that was enacted in 1998. The DMCA was created to address copyright issues related to digital content in the internet age. It provides a legal framework for protecting the rights of copyright holders while balancing the interests of internet service providers (ISPs) and online platforms. Here are some key points about the DMCA.

Safe Harbor Provision:

One of the most important aspects of the DMCA is the safe harbor provision, which offers immunity to ISPs and online platforms from copyright infringement liability for the actions of their users. This means that platforms like YouTube or social media sites are generally not held liable for copyright infringement committed by their users, as long as they meet certain conditions, such as promptly removing infringing content when notified.

Notice and Takedown:

The DMCA establishes a mechanism known as "notice and takedown" that copyright holders can use to request the removal of infringing content from online platforms. If a copyright owner discovers their work being infringed upon, they can send a takedown notice to the ISP or platform hosting the infringing content. Upon receiving a valid notice, the ISP or platform must promptly remove or disable access to the content in question.

Counter Notification:

The DMCA also provides a counter-notification process that allows users who believe their content was wrongly removed to contest the takedown. If the user submits a counter-notification, stating that they believe the takedown was erroneous or made in error, the ISP or platform may restore the content after a certain period if the copyright owner does not file a lawsuit.

Anti-Circumvention Measures:

The DMCA includes provisions that make it illegal to circumvent digital rights management (DRM) technologies used to protect copyrighted works. This means that bypassing encryption or other technical measures designed to control access to copyrighted material is generally prohibited.

Online Service Provider Responsibilities:

While the DMCA's safe harbor provision offers protection to ISPs and online platforms, it also requires them to meet certain obligations. These include implementing a policy for terminating repeat infringers' accounts and accommodating standard technical measures used to protect copyrighted works.

It's important to note that the DMCA is specific to the United States and its legal system. Other countries may have their own copyright laws and regulations, although some countries have enacted similar provisions based on the DMCA model.

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Tuesday, November 17, 2015

Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet.Passed on October 12, 1998, by an anonymous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.

The DMCA's principal innovation in the field of copyright is the exemption from direct and indirect liability of Internet service providers and other intermediaries. This exemption was adopted by the European Union in the Electronic Commerce Directive 2000. The Copyright Directive 2001 implemented the 1996 WIPO Copyright Treaty in the EU.

Title I: WIPO Copyright and Performances and Phonograms Treaties Implementation Act

DMCA Title I, the WIPO Copyright and Performances and Phonograms Treaties Implementation Act, amends U.S. copyright law to comply with the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, adopted at the WIPO Diplomatic Conference in December 1996. The treaties have two major portions. One portion includes works covered by several treaties in U.S. copy prevention laws and gave the title its name. For further analysis of this portion of the Act and of cases under it, see WIPO Copyright and Performances and Phonograms Treaties Implementation Act.

The second portion (17 U.S.C. 1201) is often known as the DMCA anti-circumvention provisions. These provisions changed the remedies for the circumvention of copy-prevention systems (also called "technical protection measures") and required that all analog video recorders have support for a specific form of copy prevention created by Macrovision (now Rovi Corporation) built in, giving Macrovision an effective monopoly on the analog video-recording copy-prevention market. The section contains a number of specific limitations and exemptions, for such things as government research and reverse engineering in specified situations. Although, section 1201(c) of the title stated that the section does not change the underlying substantive copyright infringement rights, remedies, or defenses, it did not make those defenses available in circumvention actions. The section does not include a fair use exemption from criminality nor a scienter requirement, so criminal liability could attach even unintended circumvention for legitimate purposes. The Unlocking Technology Act of 2013 was introduced to attempt to fix these oversights, which include prohibitions on unlocking one's own cell phone. However, no action was taken by Congress as of the end of 2013.

Title II: Online Copyright Infringement Liability Limitation Act

DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright infringement liability, provided they meet specific requirements. OSPs must adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to alleged infringing material (or remove such material from their systems) when they receive notification of an infringement claim from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing. OCILLA also facilitates issuing of subpoenas against OSPs to provide their users' identity.

Title III: Computer Maintenance Competition Assurance Act

DMCA Title III modified section 117 of the copyright title so that those repairing computers could make certain temporary, limited copies while working on a computer. It reversed the precedent set in MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993).

Title IV: Miscellaneous Provisions

DMCA Title IV contains an assortment of provisions:

Clarified and added to the duties of the Copyright Office.
Added ephemeral copy for broadcasters provisions, including certain statutory licenses.
Added provisions to facilitate distance education.
Added provisions to assist libraries with keeping phonorecords of sound recordings.
Added provisions relating to collective bargaining and the transfer of movie rights.

Title V: Vessel Hull Design Protection Act

DMCA Title V added sections 1301 through 1332 to add a sui generis protection for boat hull designs. Boat hull designs were not considered covered under copyright law because they are useful articles whose form cannot be cleanly separated from their function.

Saturday, December 22, 2012


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What means DMCA.

DMCA means Digital Millennium Copyright Act

An Act to amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes.


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