The Digital Millennium Copyright Act 1998 (DMCA) is a United States copyright law that was enacted in 1998 to address copyright issues arising from the digital age. The DMCA provides a legal framework for copyright holders to protect their works in the digital environment and establishes certain limitations and exceptions to copyright law.
Safe harbour provisions: The DMCA's safe harbour provisions protect internet service providers and online platforms from copyright infringement liability for the actions of their users. Online service providers can qualify for safe harbour protections by following certain prescribed procedures, such as implementing a notice and takedown system for removing infringing content upon notification from copyright holders.
Anti-circumvention provisions: The DMCA includes provisions that prohibit the circumvention of technological measures used to protect copyrighted works. It is illegal to bypass digital rights management (DRM) systems or any other technical measures that control access to copyrighted content. There are limited exceptions for specific purposes such as encryption research or accessibility for people with disabilities.
Online copyright infringement liability limitation: The DMCA limits the liability of online service providers for copyright infringement committed by their users. If an online platform or ISP promptly removes infringing material upon receiving a valid notice from a copyright holder, they can avoid being held directly liable for the infringement.
Notice and takedown process: The DMCA establishes a process for copyright holders to submit a takedown notice to online service providers when they believe their copyrighted content is being infringed. The service provider must respond by removing or disabling access to the allegedly infringing content, allowing for a mechanism to address copyright infringement disputes.
Online service provider designation: The DMCA outlines requirements and procedures for online service providers to qualify for safe harbour protections, including designating a copyright agent with the U.S. Copyright Office and registering this information online.
The DMCA has been subject to debate and criticism over the years, with some arguing that it has resulted in the stifling of innovation and the abuse of takedown processes. Nonetheless, it remains an important law in the United States for addressing copyright issues in the digital realm.
