08-22-2024, 12:35 PM
DMCA - Digital Millennium Copyright Act (Notes)
This is intended to be an overview of what DMCA is, what it means and what you should consider in your projects.
What does DMCA stand for? (Source: Wikipedia)
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.
The DMCA's principal innovation in the field of copyright is the exemption from direct and indirect liability of Internet service providers and other intermediaries. This exemption was adopted by the European Union in the Electronic Commerce Directive 2000. The Information Society Directive 2001 implemented the 1996 WIPO Copyright Treaty in the EU.
What is the DMCA Takedown Notice?
A DMCA Takedown Notice is a formal document that a copyright owner sends to a website or online platform, such as Twitter or Ebay, requesting the removal of content that allegedly infringes the owner's copyright.
DMCA Takedown Notice - Content:
A statement that all the information is accurate
A statement that the copyright owner does not authorize the material use
Your contact information, address, phone number, and mailing address
The location or URL of the material you wish to take down
Your physical or electronic signature
Your Project(s):
If you are running a project, the easiest way is to offer people the opportunity to submit a DMCA takedown notice.
This allows you to decide for yourself which information is required and avoid receiving random submissions with missing data.
You can create a page and offer a form there. You simply link this to each of your projects. But pay attention to the necessary content that you want to have submitted.
Since this topic is constantly changing, I am posting here other article:
From Abbey Stephan (webfx.com) - What Is a DMCA Takedown? Everything To Know About Violating DMCA
How do other companies deal with this? Company Examples:
These are all sites that cannot 100% independently control which images/videos/text are displayed on their platform.
That's why they offer the option of reporting.
Officially, this is a DMCA takedown. It is offered in a simple manner.
Of course, there are also services to protect your own content:
Website: https://www.dmca.com/
Self Service: DIY (Do It Yourself) DMCA Takedowns
The site offer following service for free, if you display the badge on your site:
If something important is missing, something is wrong or you want to add something, write a post - thanks!
This is intended to be an overview of what DMCA is, what it means and what you should consider in your projects.
- We give no guarantee of accuracy or validity and assume no liability for these notes!
- This is information collected from the community.
- If you want to add/change or remove something, write a post.
What does DMCA stand for? (Source: Wikipedia)
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.
The DMCA's principal innovation in the field of copyright is the exemption from direct and indirect liability of Internet service providers and other intermediaries. This exemption was adopted by the European Union in the Electronic Commerce Directive 2000. The Information Society Directive 2001 implemented the 1996 WIPO Copyright Treaty in the EU.
What is the DMCA Takedown Notice?
A DMCA Takedown Notice is a formal document that a copyright owner sends to a website or online platform, such as Twitter or Ebay, requesting the removal of content that allegedly infringes the owner's copyright.
DMCA Takedown Notice - Content:
A statement that all the information is accurate
A statement that the copyright owner does not authorize the material use
Your contact information, address, phone number, and mailing address
The location or URL of the material you wish to take down
Your physical or electronic signature
Your Project(s):
If you are running a project, the easiest way is to offer people the opportunity to submit a DMCA takedown notice.
This allows you to decide for yourself which information is required and avoid receiving random submissions with missing data.
You can create a page and offer a form there. You simply link this to each of your projects. But pay attention to the necessary content that you want to have submitted.
Since this topic is constantly changing, I am posting here other article:
From Abbey Stephan (webfx.com) - What Is a DMCA Takedown? Everything To Know About Violating DMCA
- What is a DMCA takedown?
- What does DMCA stand for?
- What happens if you get a DMCA notice
- How to handle a DMCA takedown against your site
- How much do DMCA takedowns cost?
- How to issue a DMCA takedown
How do other companies deal with this? Company Examples:
- Discord: Discord’s Copyright & IP Policy (Communication)
- Ebay: Notice of Copyright Infringement (Trading)
- Blizzard - Battle-Net: Copyright Infringement (Gaming)
- Amazon - IMDb: How do I report copyrighted material?
- TheMovieDB.org: DMCA Policy
These are all sites that cannot 100% independently control which images/videos/text are displayed on their platform.
That's why they offer the option of reporting.
Officially, this is a DMCA takedown. It is offered in a simple manner.
Of course, there are also services to protect your own content:
Website: https://www.dmca.com/
Self Service: DIY (Do It Yourself) DMCA Takedowns
The site offer following service for free, if you display the badge on your site:
- Protect Your Website With A Free DMCA.com Badge
- A DMCA Badge is a seal of protection placed on your website that deters thieves from stealing your content. With a registered badge, you have access to the tools, resources and support to quickly takedown any website that steals your content. (Source: DMCA.com)
- Protect your Photos with DMCA.com WaterMarker
If something important is missing, something is wrong or you want to add something, write a post - thanks!