The Digital Millennium Copyright Act
The Digital Millennium Copyright Act – The Digital Millennium Copyright Act (DMCA), codified in 17 U.S.C. § 512, amended the U.S. Copyright Act of 1976. The DMCA provides for severe civil and criminal penalties for circumventing technical measures protecting copyrighted works. The DMCA protects Internet Service Providers (ISPs) from liability arising from acts by the ISP’s customers. However, there are certain conditions that an ISP must meet in order to qualify for the Act’s safe harbor provisions.
To enjoy safe harbor protection, an ISP must:
1. Implement a policy to terminate infringers;
2. Designate a service provider agent for notification of claims of infringement.
3. Provide means to receive notice of infringement and upon obtaining notice act expeditiously to remove, or disable access to the infringing material; and
4. Have no actual knowledge of the infringing activity.
Whether you are an Internet Service Provider or an individual or business who is the victim of online copyright infringement, or whether you are accused of online copyright infringement, our copyright attorneys practicing Internet law can provide you with the advice that applies to your particular situation.