Enacted in 1998, the Digital Millennium Act amended the United States Copyright Law to keep up with the rapidly growing digital age, and with it, the distribution of intellectual property materials through the Internet. In a sentence, it was intended to protect a copyright owner’s rights while still allowing online platforms to grow and flourish. With it come protocols like takedown procedures, anti-circumvention rules, and safe harbor protections. Please continue reading to learn the impact of the Digital Millennium Act on all relevant parties and how an experienced New Jersey copyright lawyer at The Ingber Law Firm can educate you on your allotted situational legal protections.
What is the impact of the Digital Millennium Act on copyright owners?
Essentially, the Digital Millennium Act protects copyright owners from the potential infringement of their creative works, control that can easily slip out of their grasp given the scale and instantaneous nature of the online space. As mentioned above, there is a standard known as the takedown notice. Here, a copyright owner may formally request a third party to remove their infringing content from their website, social media account, or otherwise. When this process is successful, it saves an owner from the extra, more serious action of initiating a copyright infringement lawsuit. On the flip side, there is such a thing as counter-notifications, so it is best to consult with your lawyer for more details on this implication.
In addition, the Digital Millennium Act has introduced a concept known as anti-circumvention. This Act thereby prohibited third parties from bypassing encryption, access controls, or licensing restrictions. This is banned regardless of how the third party chooses to use and distribute this content, and even if they take no action with it at all. Again, this amendment grants copyright owners stronger digital rights management.
What are the Digital Millennium Act safe harbor protections?
Aside from copyright owners, the Digital Millennium Act also looks out for parties on the other end of this transaction. This is accomplished through the provision of safe harbor protections. That is, websites, social media companies, hosting providers, online marketplaces, and the like are now immune from automatic liability for copyright infringement committed by one or more of their users. Importantly, though, this is so long as this party acts and responds properly.
For example, once a website hosting provider learns that a user uploaded a work that infringes upon copyrighted material, likely through a valid takedown notice sent by the owner, they must take measures to remove it immediately. They must not have had actual knowledge of this situation beforehand, and all the while, they should not have financially profited from the infringing work by any means. Typically, to qualify for safe harbor protections when push comes to shove, these online-based companies adopt repeat infringement policies to apply to all their users, and possibly even have a designated agent on staff.
In conclusion, we suggest you employ the services of a skilled Essex County, New Jersey intellectual property lawyer from The Ingber Law Firm if you want the best possible chances at a positive legal outcome. We look forward to serving you.