DMCA
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted in 1998. It implements two 1996 treaties of the World Intellectual Property Organization (WIPO) and addresses the challenges posed by digital media and the internet in the context of copyright protection.
Key components of the DMCA include:
- Anti-circumvention Provisions: These prohibit the circumvention of technological measures that control access to copyrighted works. It also restricts the manufacture, sale, or distribution of devices or services intended to bypass these controls.
- Safe Harbor Provisions: These protect online service providers from liability for the infringing actions of their users, provided they comply with specific requirements. This includes promptly removing infringing content upon notification and implementing a repeat infringer policy.
- Notice and Takedown Process: The DMCA establishes a process for copyright holders to notify service providers of infringing content and request its removal. Service providers must act quickly to remove or disable access to the material to maintain their safe harbor protection.
- Limitations on Liability for Nonprofit Institutions: Certain limitations on liability are provided for nonprofit libraries, archives, and educational institutions under specific circumstances.
The DMCA has been a subject of debate and criticism, with discussions focusing on its impact on fair use, freedom of expression, and the balance between protecting copyright holders and allowing innovation in the digital environment.