What the DMCA is and how it affects the Internet ?

DMCA stands for Digital Millennium Contract Act which is a law passed by United States in 1998 in an attempt to modernize copyright law to deal with the World Wide Web. The  Digital Millennium Contract Act (DMCA) has a large number of provisions, but here we shall be focusing on the ones that are affecting the Internet we are having today.


Safe Harbor & Takedown Notices by DMCA :

The Digital Millennium Contract Act (DMCA)extends a safe harbor to service providers defined as a provider of online services or network access, or the operator of facilities therefore. Let us take an example, if one uploads a copyrighted video to YouTube.com or posts a copyrighted article on Tumblr.com or places a copyrighted file on Dropbox and shares the link to the same publicly, or just hosts a copyright-infringing website with any web hosting provider, the provider of the service — YouTube, Tumblr, Dropbox, or the web host is exempt from liability. Hence, we can say that, the DMCA provides protections to the websites like YouTube.com, in a way to prevent them from being sued just because they are hosting copyrighted content which is being uploaded by a user to them.
To actually be eligible for this exemption, the service provider must meet a some conditions.it.
Anyone can file a DMCA takedown notice, which is an official notice to a service provider by DMCA. The notice identifies content being hosted by a service and states that they are violating the Digital Millennium Contract Act (DMCA).
If your content is taken down due to a Digital Millennium Contract Act notice, the online-service provider will alert you to this after taking down the content from your website. In cases where a DMCA notice is filed against your content, you have the ability to file a counter-notice too. This counter notice is a notice sent to the Service provider where it is stated that a mistake was made and there is no copyrighted content. If the person who has filed the takedown notice takes no further action (e.g. requesting an injunction in the court), then the article/content taken down can be restored after ten business days.
It should be noted that the Digital Millennium Contract Act (DMCA) is a law made by United States along with some online service providers located in other countries and is under no obligation to honor such takedown notices.
Use the buttons below to share this article with your friends!

0 comments:

Post a Comment