⚖️DMCA
DMCA criminalizes circumventing digital rights management and protects service providers from user-generated content liability in the US.
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that provides a legal framework for addressing copyright infringement on the Internet. The law was enacted in 1998 and amended the existing copyright law to address issues arising from the digital age.
The DMCA provides several key provisions for copyright owners, Internet service providers (ISPs), and users of copyrighted material. These include:
Safe Harbor Provisions
ISPs are shielded from liability for copyright and trademark infringement if they follow specific rules and procedures for responding to infringement claims. These procedures include taking down infringing material in response to a takedown notice from a copyright owner and providing a mechanism for users to challenge the takedown notice.
Anti-Circumvention Provisions
The DMCA also prohibits the circumvention of technological measures that protect copyrighted works, such as encryption or digital rights management (DRM) systems. It is illegal to sell or distribute tools or services that are designed to circumvent these measures.
Notice-and-Takedown Procedures
Copyright owners can send a takedown notice to an ISP if they believe their copyrighted material is being infringed upon. The ISP is then required to remove the infringing material, or risk losing the safe harbor protection.
Reverse Engineering Exceptions
The DMCA contains a limited exception for reverse engineering of software for the purpose of interoperability with other software.
The DMCA has been a controversial law, with some critics arguing that it has overly restricted free speech and innovation, while others argue that it is necessary to protect copyright holders in the digital age.
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