If you have intellectual property that you want to protect online, you need to know about the Digital Millennium Copyright Act (DMCA). This is a federal law that was enacted in 1998 to implement two international treaties on intellectual property rights in the digital age. The DMCA has two main parts: Title I and Title II. To learn more about the DMCA, simply continue reading and reach out to Lemler IP today.
Title I of the DMCA prohibits the circumvention of technological measures that control access to copyrighted works. This means that you cannot use any device, software, or service that bypasses or disables the encryption, password, watermark, or other protection that prevents unauthorized copying or viewing of a work. For example, you cannot use a DVD pirating device to copy a movie from a DVD, or a VPN to access a streaming service that is not available in your country.
However, there are some exceptions and limitations to this rule. The DMCA allows circumvention for certain purposes, such as:
The DMCA also grants the Librarian of Congress the authority to issue exemptions to the anti-circumvention rule every three years, based on public input and recommendations from experts. Some of the current exemptions include:
Title II of the DMCA curtails the liability of online service providers (OSPs) for infringing activities that transpire on their platforms by users or third parties. This implies that OSPs are not accountable for damages or injunctions if they adhere to certain stipulations and procedures. For instance, an OSP is not accountable for hosting a website that encompasses infringing content uploaded by a user, as long as the OSP does not possess actual knowledge of the infringement, does not profit financially from it, and responds swiftly to takedown notices from copyright owners. A takedown notice is a formal petition from a copyright owner or their agent to an OSP to eradicate or disable access to an infringing work. The notice must comprise:
An OSP must expeditiously remove or disable access to the infringing work upon receiving a valid takedown notice. The OSP must also notify the user who posted the work and inform them of their right to file a counter-notice. A counter-notice is a formal appeal from the user to an OSP to reinstate access to a work that was eradicated or disabled due to a takedown notice. The counter-notice must encompass:
An OSP must expeditiously restore access to the work upon receiving a valid counter-notice, unless it receives notice from the complainant that they have filed a lawsuit against the user within 10 business days.
The DMCA also provides safe harbors for other types of OSP activities, such as:
Ultimately, the DMCA is an important law that affects intellectual property rights in the digital era. It aims to balance the interests of copyright owners and online service providers while promoting innovation and creativity. However, it also raises some challenges and controversies regarding its interpretation, implementation, and impact. If you have intellectual property that you want to protect online, you should consult with an experienced Orleans Parish, Louisiana intellectual property lawyer who can advise you on your rights and obligations under the DMCA.
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