The Digital Millennium Copyright Act (DMCA) is a U.S. copyright law enacted in 1998 to address copyright infringement issues related to digital media. It provides a legal framework for protecting copyrighted materials online and establishes guidelines for internet service providers (ISPs) and online platforms to handle copyright infringement claims.
Key provisions of the DMCA include:
- Safe Harbor: Online service providers are granted immunity from copyright infringement liability for the actions of their users, as long as they meet certain conditions, such as promptly responding to takedown notices from copyright holders.
- Notice and Takedown: Copyright holders can send a notice to ISPs or online platforms requesting the removal of infringing content. Upon receiving a valid notice, the service provider must promptly remove or disable access to the content to avoid liability.
- Counter Notification: Users who believe their content was wrongly removed due to a DMCA notice can submit a counter notification to the service provider, asserting their rights to the content. The service provider must then restore the content unless the copyright holder takes legal action.
- Anti-Circumvention: The DMCA also includes provisions prohibiting the circumvention of technological measures used by copyright owners to protect their works, such as encryption or digital rights management (DRM) systems.
Overall, the DMCA aims to balance the interests of copyright holders, internet service providers, and users by providing mechanisms to address copyright infringement while promoting innovation and free expression online.