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Digital Millennium Copyright Act (DMCA)
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Section 512 - Safe Harbor
Limits the liability of internet service providers (ISPs) when they promptly remove or disable access to infringing material upon notification. This is applied through a notice-and-takedown process.
Section 1202 - Copyright Management Information
Makes it illegal to provide false copyright management information and to remove or alter such information. Enforced when metadata on a copyrighted work is tampered with.
Section 1201 - Anti-Circumvention
Prohibits the circumvention of technology measures that control access to copyrighted works, as well as the trafficking in devices or products used for such circumvention. Applied in cases involving DRM or other access controls.
Section 1205 - Savings Clause
States that nothing in the DMCA affects rights, remedies, limitations, or defenses to copyright infringement under title 17, allowing existing principles to remain intact.
Section 1301 - Trustee Avoidance Powers
Allows certain actions taken by a trustee in bankruptcy to be set aside that would otherwise violate the DMCA's protections. This section reconciles DMCA provisions with bankruptcy laws.
Section 1204 - Criminal Offenses and Penalties
Addresses criminal prosecutions for the willful violation of anti-circumvention provisions under Section 1201 on a commercial scale. Penalties include fines and imprisonment.
Section 1203 - Civil Remedies
Provides options for civil action against someone who violates the anti-circumvention or copyright management information protections of the DMCA. Applicable for seeking damages or injunctions.
Counter Notification Process
Allows content providers to dispute a takedown notice by filing a counter notification, asserting a good faith belief that the material was removed as a result of mistake or misidentification.
Misrepresentation in Takedown Notices
Provides legal consequences for those who knowingly make false claims in their DMCA takedown notices. Those affected by false claims can seek damages.
Subpoena Power under DMCA
Allows copyright owners to subpoena the identity of alleged infringers from ISPs without filing a lawsuit, by showing a prima facie case of infringement.
Repeat Infringer Policy
Requires ISPs to adopt and reasonably implement a policy that provides for the termination of subscribers and account holders who are repeat infringers to remain compliant with the safe harbor provisions.
Storage of Infringing Material
Relates to the liability of service providers who store potentially infringing material at the direction of users and sets forth the circumstances under which they can claim safe harbor.
Section 103 - Technological Measures
Outlines the DMCA's acknowledgment of the need to protect against the bypassing of technological measures that are designed to prevent or restrict reproduction of protected works.
Section 104 - Bootleg Recordings
Addresses the unauthorized recording and distribution of live musical performances and their inclusion under copyright protection.
Transmission of Infringing Material
Covers the liability of service providers who transmit potentially infringing material across their networks and sets out the conditions for safe harbor.
Architectural Works
Expands the scope of protection to include architectural designs, provided certain conditions are met regarding originality and form of expression.
Temporary Copies
Provides a limited exemption for temporary copies made in the process of digital transmission or lawful use of a work.
Implementation of Technical Measures
Requirements for service providers to accommodate and not interfere with standard technical measures agreed upon by copyright owners and service providers to identify and protect copyrighted works.
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