![]() ![]() There is a good chance that your work is covered by an equivalent law such as the EU’s Electronic Commerce Directive, but this will likely work a bit differently than DMCA. You are not a US citizen, and therefore are not covered by DMCAĭMCA is a US law and only affords protection to US citizens.This leaves a lot of leeway for bad actors, as all they need to do to circumvent DMCA and similar laws is to host the content in countries that are not signatories. Their citizens and companies are therefore not bound by law to remove content that infringes on an international citizen’s copyright. There are currently 85 countries that are not contracting parties of the WIPO treaty. The website is not located in a country that follows DMCA or other copyright laws.There are various instances in which a DMCA takedown notice is all but useless to the copyright holder: Where DMCA protection and takedown notices fall shortĭMCA takedown requests can have an impact, but they are not especially helpful when it comes to internet content. If they do not, then the web host or ISP may be able to remove it. They should immediately take action to remove the content or link. Typically, a DMCA takedown notice is first sent to the person/company or website hosting or linking to the material. They are an official declaration to the people responsible for hosting the content (be that a company, search engine, ISP, or web host) that their actions surrounding the material infringe on your copyright. What is a DMCA takedown notice or request?Ī DMCA takedown notice is the first step in getting content that violates your copyright removed from the internet. This doesn’t grant you any extra rights – it just reminds people of your inherent copyright and indicates to them that you’re serious about protecting your IP. You may have seen a “DMCA protected” or “protected by DMCA” sticker under certain content or been encouraged to add one to your digital content. This scenario occurs regularly if the accused sends a counter-notification stating that they did not infringe on your copyright. ![]() It is key if you want to move beyond a takedown request to file a lawsuit or claim monetary damages for the misuse of your IP. That is not to say that copyright registration is useless. And if it is your intellectual property, it is protected by DMCA. In reality, any content becomes your intellectual property the second you create it. ![]() One of the most common myths is that a work needs to be registered with an authority before you can send a DMCA takedown request. This includes music, movies, text, images, and anything else that is copyrighted material. What is protected by DMCA?ĭMCA protects anything that could be reasonably considered digital content. Here we aim to de-mystify the legislation and the situations in which it can be useful to artists. However, while DMCA protection is the first tool many authors and artists turn to, there are often misunderstandings surrounding what is protected by DMCA and how much support the legislation can provide. It contains various other provisions designed to criminalize the circumvention of copy-prevention systems while providing safety for ISPs against copyright infringement, allowing limited copies for computer repairs, and more. The Digital Millennium Copyright Act (DMCA) is a US law designed to give copyright holders the ability to protect themselves from the unlawful distribution and reproduction of their creative works online.
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