What is DMCA and Its Impact on all Internet Users
What is DMCA
DMCA is a copyright law you must know if you are a website provider or content holder.
While an increasing number of copyright holders have their valuable content stolen on the internet, most of them often do nothing as they are confused and unaware of how to protect themselves legally.
Meanwhile, internet website providers are also afraid of their users posting content and communications which involve copyright infringement.
To balance the interests of both copyright holders and internet website providers and normalize copyright protections, the Digital Millennium Copyright Act (DMCA) was enacted in 1998 to provide a framework for removing content online that infringes copyrights.
DMCA stands for Digital Millennium Copyright Act, a U.S. law enacted in 1998 to protect creators of a variety of different artistic mediums and exempt the liability of online service providers for copyright infringement caused by their users.
The primary innovation of DMCA is to exempt the liability of online service providers for the copyright infringement caused by their users. For example, if users post content to an online service that does not belong to them, this could be an act of copyright infringement, but the online service provider has no liability for monetary damages if specific procedures and requirements of the DMCA are followed.
The DMCA not only protects online service providers but also authors who lack the resources to pursue copyright claims. A creator merely needs to gather the supporting documents and submit a takedown notice to get their work removed from a platform.
Set up DMCA safe harbor
DMCA establishes four so-call safe harbors to offer protection for online service providers, including Storage Safe Harbor, Transmission Safe, Caching Safe Harbor, and Information Location Tools Safe Harbor. As long as online service provider fits under any one of these subsections, they shall be qualified for the limitation on liability.
To qualify for safe harbor treatment, online service providers must satisfy certain conditions. The requirements that a service provider incorporates “notice and takedown” methods that offer copyright holders a quick and easy means to limit access to allegedly infringing content are the most well-known components of the DMCA. After receiving a notification of infringement, they shall delete the contents and have (and implement) a policy to prevent repeat infringement. Without these protections, many internet intermediaries would be unable to provide services such as hosting and sending user-generated material due to the danger of potential copyright liability.
Although many of the requirements are vague and complex, they have proved critical as a source of innovation and free expression to the growth of the Internet.
One thing online service providers must be noted is that even when no one has complained to their website, as long as they notice that users have posted infringing matters, the online service provider has the responsibility to promptly remove or disable access to such matter.
How to send a DMCA takedown notice
As mentioned earlier, the purpose of DMCA is to provide individuals and companies with a way to safeguard their content. Fair use still enables anyone to utilize existing content to generate new content provided the end output is transformed into something new that benefits the public.
However, if copyright holders feel that their work has been unfairly used, they can send a takedown notice to have the content removed from online platforms.
When lodging a DMCA complaint notice of infringement, copyright holders must provide identification of the copyrighted work that they claim has been infringed, sufficient information for the online service provider to locate that infringed matter on its website, and contact information for the copyright holder or its agent. They also need to offer a declaration that they believe in good faith that they, as the copyright owner, their agent, or the law have not permitted the use of the allegedly infringed work. Another statement indicates that the above information is accurate and that the complainant is the owner or is authorized to act on behalf of the owner of the copyright, or is the owner of one of the exclusive rights under copyright law that is allegedly infringed. Last but not least, a physical or electronic signature of the copyright holder or its agent is also required.
So far, we have covered what is DMCA, its background, and its safe harbor provisions. Although DMCA is American legislation, it has a far-reaching impact on all internet users regardless of their geographic location.
To stay within the DMCA framework, Shoplazza provides business owners with a secure system that protects their IPs from theft or copyright infringement. If you are a member of Shoplazza, you have access to the tools, resources, and support from us to takedown any website that steals your content.
