The Digital Millennium Copyright Act (DMCA) is a U.S. law passed in 1998 that addresses copyright infringement issues related to the internet. It includes provisions for both copyright owners and service providers, offering protections for creators and outlining procedures for handling copyright violations. Here are the key points of the DMCA: Safe Harbor Provision: This section protects online service providers (such as ISPs, platforms like YouTube, and websites) from being held liable for user-uploaded content, as long as they act quickly to remove infringing material once notified by the copyright owner. Notice-and-Takedown Process: Copyright holders can issue a notice to service providers to remove infringing content. Once notified, service providers must act promptly to take the content down or risk losing the safe harbor protections. Anti-Circumvention: The DMCA also makes it illegal to circumvent digital rights management (DRM) or other technological protection measures, even if the copyrighted work itself is not being copied or distributed. Criminal Penalties: The DMCA allows for criminal penalties for certain forms of copyright infringement, including willful infringement. Fair Use and Exceptions: While the DMCA does not change the fair use doctrine, it does provide procedures for users to counteract takedowns if they believe their content falls under fair use or other exceptions. Overall, the DMCA seeks to balance the protection of intellectual property with the free flow of content and innovation on the internet.
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