What is DMCA .pdf
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What is DMCA?
The Digital Millennium Copyright Act ("DMCA") is something you must know about if you run
a site, chat room or interactive web site. The law has two fundamental functions. This enables
the copyright holder to try to prevent the infringement besides by coping with the real infringer
and making a demand.
But, the second function of this law will be to supply "service providers" (i.e. Internet service
providers, e-mail providers, search engines, online auction sites, host suppliers, chat rooms,
interactive websites, news suppliers, etc.) with exemption from liability for copyright
infringement! You usually will be protected from liability for copyright infringement by your
web site users, if you fall under the definition of a service provider as I explain below.
Nevertheless, there are restrictions against service provider liability, which is another goal of the
The DMCA doesn't apply to businesses located outside the jurisdiction of America, yet.
The DMCA Shields Service Providers!
A service provider falls under one of the exemptions that are defined under the Act. If exempt,
the supplier will be protected from any financial damages and would receive a small shield
against any injunction (a court order stopping the prohibited action).
Here are the four types of actions that suppliers must fall under to be exempt from obligation:
Transitory communications- A supplier that merely transmits, routs or provides links for stuff
coming through a specified system (i.e. ISP?s). The supplier must does so by an automatic,
technical procedure with no skill any information that's transmitted by the supplier to choose or
edit information or the content. So, if the supplier is able change the content, or to select what
substance is revealed to some degree, the exemption WOn't be accessible. Most service providers
do not fall under this group that is narrowly defined.
System caching- temporary storage of unmodified information made accessible by some third
party on a system or network controlled or used by or for the service provider, done in the sort of
The supplier cannot receive a financial benefit directly attributable to that infringing action if the
supplier does have the right to command action.
Information location tools like search engines, web directories, indexes, etc. Under this particular
exemption, in order to qualify the supplier must lack the necessary knowledge or skill to
command the substance, if it does have the right to command the content or cannot receive
monetary gain from the infringing action. It must additionally take down any infringing stuff
promptly upon notification.
Suppliers must also contain this info on their web site together with complying with the 'Noticeand-Takedown' demands of the Act. This means if you run an interactive site which allows users
post or to submit content, you must designate an agent to receive this notice and supply the
contact information to the Copyright Office. This also means that upon notification of claimed