The Digital Millennium Copyright Act (DMCA) of 1998 criminalizes technologies designed to get around copyright protection measures, but it also provides a safe harbor for internet service providers (ISPs). When it comes to copyright circumvention, the DMCA has numerous exceptions. While technology that gets around security is the target, regular reviews of the DMCA often provide new exceptions, such as the US Copyright Office’s 2010 decision to grant documentary filmmakers access to previously “locked” DVD content for fair use in productions. When it comes to the DMCA’s safe harbor provisions, a person or business that believes another party is infringing on their copyright can complain directly to that party’s ISP to have the content removed. The ISP has motivation to maintain awareness about copyright infringement activity because it could face liability for its clients’ acts if it does not qualify for the safe harbor provisions. The DMCSA has been somewhat maligned because a number of complaints brought under the act are not valid. Unfortunately, some “copyright trolls” file DMCA complaints without evidence in an effort to intimidate people and businesses into removing content. An intellectual property lawyer can assist you if you have questions about how the DMCA applies to your business. Robert G. Klein Klein Trial Lawyers
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