The amount of data stored on the internet is enormous, estimated to be about 1.2 million terabytes worth of information. Whether you are an article writer, a video blogger, a gaming streamer, or a graphic designer, you would want to protect the pieces you created. Think of a world that has no regard for stolen content. The world would be very different, chaotic, and less competitive. This article will help you get to understand the Digital Millennial Copyright Act and how it can help the intellectual property contents that you own and published on the web.
The Age of Digital Information
When the internet was slowly beginning to reach mainstream audiences, media producers and directors became paranoid about protecting their copyrighted content from being pirated. In 1996, the World Intellectual Property Organization constructed multiple copyright policies to protect the rights of its members. The United States of America followed suit to protect its citizens’ own property rights as well as parallelize with the WIPO policies.
The Digital Millennium Copyright Act is a law passed in the U.S. in 1998. It was signed by then-President William Jefferson Clinton. The fundamental goals of the act are to supervise digital channels, protect copyrighted materials, and to provide a safe digital environment for web hosts and Internet Service Providers from violation claims if any takedown notices are to be implemented. Many internet users have been using the DMCA logo, even those who are not residing in the U.S. It addresses the rights of those who own intellectual properties. The DMCA has collaborated with web hosting services and Intellectual Property processes to determine which servers or networks are infringing content.
Fair Use
A copyright principle that believes that anyone is entitled to liberally use certain sections of copyrighted material for the motive of commentary and criticism. If a blogger would want to comment on another blogger’s material, they may quote a portion of the targeted content without consent. Although this may give room to freedom of speech, the copyright holder may still proceed to file a takedown notice or a lawsuit if they deem your usage of their work to be not in accordance with Fair Usage policies. Parodies are also given the freedom to take a portion of copyrighted content, considering that the nature of a parody is to imitate and satirize well-known work.
The definition of Fair Use is rather vague and subjective. These are factors to contemplate when choosing whether a content will be subjected under Fair use:
- The reason for using the copyrighted content
- The quantity of copyrighted content used
- The nature of the copyrighted content
- The impact of using the copyrighted content
DMCA Takedowns
The DMCA has made it possible to reach out to as many web hosts as possible. They have integrated professional takedowns and do-it-yourself (DIY) takedowns. Professional takedowns are handled entirely by the experienced team trained to block any entities attempting to infringe copyright entitlement. DIY takedowns are dedicated to low-budget enterprises who cannot afford a professional takedown. The DMCA collects necessary information from the client. In return, the DMCA sends instructions on what actions the web host may undertake in dealing with copyright violators. It is vital to take note that the recipients of the takedown notice are not the publishers but the platform where the contested material is hosted.
The fundamental process of a takedown is as follows:
- A web host is given the notice to remove possible infringed properties.
- The web host must inform the publisher of the content to remove the material.
- The publisher may choose to fight the claim by submitting their right to ownership or remove the content.
- The complainant must file a lawsuit if the alleged publisher submitted counterclaims, or else the content in question will be reinstated.
- If the publisher has no counterclaims, then the takedown will proceed.
The subject of a takedown can include, but not limited to:
- Written texts found in prose, poetry, blogs, articles, and books
- Artwork and images
- Videos
- Music and other audio content
- Software
- Any personal content that is not meant to be shared publicly
When filing a takedown request, the necessary information is the name of the complainant, their contact information, the website, the Internet Service Provider of the web host, the contested subject, and the proof of ownership to the contested matter.
Since the DMCA is a United States law, it would work best if the complainant and the defendant are both in U.S. territory. If the complainant is someone from the U.S., but their rights were infringed by someone who is not from the U.S., the World Intellectual Property Organization may serve as a mediator. However, there is no guarantee since every country or territory has a different set of copyright laws that may or may not apply to every case. If the complainant is not from the U.S., but the copyright violator resides in their territory, a DMCA filing may be issued.
Invest in Protecting Your Intellectual Property
The internet today is what it is thanks to the Digital Millennial Copyright Act. Without the strict implementation of copyright laws, businesses would not have invested in the digital space. Considering how enormous the internet has become, it could be tough to keep up with whether your intellectual property has been infringed. Whether a chapter of your book was stolen or sensitive private information has been published, our services at Leak Content Removal provide you the services to resolve these conflicts. We are based in Singapore and work with clients from all around the globe. As the first female-led leaked content monitoring and removal company, it is our duty to our clients to be world-class consultants and take down any copyright issues inflicted against you or your company.
If you are interested in how we could assist you through our services, please click here to get in touch with us today for a discussion. Our team is looking forward to helping you.
Email: info@leakcontentremoval.com
Telegram: @halcyonlily
Whatsapp: +65 94837665
