Digital Millennium Copyright Act (DMCA)

    Overview 

    The Digital Millennium Copyright Act (DMCA) is a U.S. law enacted in 1998 (Public Law 105-304) to implement two 1996 treaties of the World Intellectual Property Organization (WIPO) and to address the challenges of copyright enforcement in the digital age. It introduced new rules prohibiting circumvention of technological measures protecting copyrighted works and provided safe harbor protections for online service providers (OSPs) under certain conditions.

     

    Regulation Summary

    Timeline
    • October 28, 1998 – DMCA signed into law.
    • 1998 onward – Safe harbor and anti-circumvention provisions take effect.
    • Every 3 years – Rulemaking process for exemptions to anti-circumvention.
    What Businesses Are Affected
    • Online service providers (e.g., ISPs, hosting platforms, search engines).
    • Websites hosting user-generated content (UGC).
    • Platforms distributing or streaming copyrighted content.
    • Businesses dealing in digital rights management (DRM) or software tools.
    Exemptions
    • Libraries, archives, and educational institutions (under limited conditions).
    • Law enforcement, intelligence, and national security activities.
    • Good faith encryption research and reverse engineering (under specific terms).
    Responsibilities for Businesses
    • Provide a clear reporting channel and publish the DMCA agent’s contact details.
    • Respond promptly to DMCA takedown notices.
    • Implement a repeat infringer policy.
    • Designate and register a DMCA agent with the U.S. Copyright Office.
    • Avoid interfering with standard technical protection measures.
    Specific Responsibilities for Website Owners
    • Provide a clearly accessible copyright reporting channel on the website.
    • Remove or disable access to infringing content upon valid notice.
    • Notify users when their content is taken down.
    • Allow users to file counter-notices.
    • Repost content if no legal action is taken within 10-14 business days.
    Additional Requirements

    • Organizations must not knowingly encourage or profit from infringing content.

    • They must not manipulate or falsify copyright management information (CMI).

    • They must not distribute or market tools used to circumvent digital rights management (DRM).

    Individual Rights
    • Users can submit counter-notifications to challenge takedowns.
    • Protection for non-infringing fair uses (e.g., criticism, research, education).
    • Special provisions for exemptions in encryption, accessibility, and security research.
    Enforcement
    • Enforcing authority: U.S. Copyright Office and federal courts.
    • Regulatory Mechanism: Civil and criminal penalties apply for willful circumvention and trafficking in circumvention tools.
    • Penalties:
      • Civil damages: $200–$2,500 per act of circumvention; $2,500–$25,000 per CMI violation.
      • Criminal fines up to $500,000 (first offense) and $1,000,000 (repeat offenses), and imprisonment.
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