The Digital Millennium Copyright Act (DMCA) is a United States copyright law that was enacted in 1998. It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also heightens the penalties for copyright infringement on the Internet.
The DMCA’s provisions have been widely criticized by some technology companies, civil liberties groups, and copyright activists, who argue that it limits fair use and stifles innovation. They also argue that it gives excessive power to copyright holders, who can use it to remove or block access to content on the Internet without due process.
The DMCA has several key provisions, including the following:
- The “anti-circumvention” provision makes it illegal to circumvent technological measures that control access to copyrighted works.
- The “safe harbor” provision provides immunity for Internet service providers (ISPs) and other online intermediaries from liability for infringing content that is transmitted or stored on their systems by users, as long as they follow certain rules, such as quickly removing infringing content when notified by a copyright holder.
- The “notice-and-takedown” provision requires ISPs and other online intermediaries to remove infringing content when notified by a copyright holder, without the need for a court order.
The DMCA also created a new office within the Library of Congress, the Copyright Office, to advise Congress on the impact of new technologies on copyright law and to administer certain aspects of the DMCA.
While the DMCA has been widely used by copyright holders to remove infringing content from the internet, it has also been used to remove content that is considered legal, but that copyright holders want removed for other reasons, such as criticism or competition. This is known as “abuse of the DMCA,” and has led to calls for reform of the law.
In short, the DMCA is a United States copyright law that criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works.
It also immunize internet service providers (ISPs) and other online intermediaries from liability for infringing content that is transmitted or stored on their systems by users, as long as they follow certain rules, such as quickly removing infringing content when notified by a copyright holder.
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