How To Use DMCA Tool In A Right Manner: As the internet took off, legislation tried to keep up and an important piece of internet content related legislation is something that’s known as the DMCA. It’s the Digital Millenium Copyright Act. It was passed in 1998. We guest, anticipating the Digital Millenium that we are limiting. So the DMCA does a couple of thins, the DMCA is you know established law in the United States, you may have heard about something called DMCA takedown notice. What you talked about in a second. But, there are two most important parts of the DMCA. When it comes to what happens online, the first one is the Anti-Circumvention Provisions.
How To Use DMCA Tool In A Right Manner
And, these are fairly controversial and have remained fairly controversial. So, what is Anti-Circumvention? What this means is that if a copyright holder places some type of digital rights management software or hardware on a particular piece of content. It is not illegal for you to try to figure out how that works or defeat it and it doesn’t matter if you violate any of their copyrights in the process. Just the attempt to try to circumvent these digital rights management approaches is itself illegal and the problem with this is – you know this can sort of unfortunately blend into an Anti-Tinkering and an Anti-Curiosity provision for example.
For a long time, the rights of people to sort of examining things that they won we bought this phone, you know, we should be able to take it, apart trying to figure out. This is something, that you try to figure in with inventors a lot of creative people. That have enjoyed doing and have learned a lot from and the DMCA sort of specifically says in certain cases, there is now this protected class of software or hardware, that you are not allowed to meddle and even trying to circumvent. These things are not illegal and so this is sort of fairly unpopular and now you can also argue in the proceeding.
You know, almost two decades, these anti-circumvention provisions have proved pretty toothless. We mean, almost every variety of digital rights management, that the content creators have tried to deploy has been defeated in some way or the another. And, some of the exploits, you know, require more and more sophisticated approaches. But you only have to do it once. All you need to do is beat one type of DRM and we get a couple on an unprotected copy of your content a billion times. So, it doesn’t necessarily have to be something, that you know your grandfathers can do.
It just has to be something that somebody can do. So, that’s one version of the DMCA, a more positive provision of the DMCA, that’s also fairly well known and has probably led to the most widespread use of this term in practice is safe harbour provisions for the Internet Sevice Providers and operators of various types of websites. So, for example, Youtube is the incredible platform we are using it. People all over the world use it to upload all sorts of interesting video. But you know, YouTube can also be used by someone who wants to upload someone something that they don’t have the rights to upload. So, we can take – you know copyrighted movies that we don’t own the copyrights to.
And, we can upload it to YouTube and then YouTube potential before the DMCA could be sued by the copyright owner for engaging in the dissemination of this content even though they have no control over what their users upload. Now YouTube is constantly working and scanning and trying to identify copyrighted material so that it doesn’t you know run four of these types of laws and type of rules. But the safe harbour versions of the DMCA provided some degree of limitation of liability for both websites like YouTube and Internet Service Providers. So, your internet service provider is not legally liable, if you choose to download or stream illegal content over their networks. They cannot be legally liable, so those are probably good things now.
The same our provisions have also the same part of this law to put into place a mechanism for copyright holders to request certain websites. Takedown content and that’s something that’s referred to as the DMCA, takedown notice and so you can, you know, maybe if you have posted things to YouTube before you have received one of these YouTube. We are sure, it gets, we don’t know thousands, tens of thousands, hundreds of thousands of these a day. A week and what it means is that the copyright holder has identified that there is a copyrighted content, that’s being unlawfully distributed by a particular site and it forces requests that the website takes down that content immediately.
So, YouTube may respond to this by removing or blocking your video and internet service provider or website provider may respond to shit by turning off your website. And, so this is a mechanism that allows the copyright holder to identify content. That should not be online, it should be freely available and requested it to be removed now the usage of this mechanism is somewhat controversial because studies have found that large percentages of the DMCA takedown notices are actually for content.
That is either not copyrighted at all. Or protected under various fair use, fair mechanisms and so a lot of times, these may be being generated by automatics you know, BOTS that don’t understand, exactly what fair use is and so obviously dealing with these types of takedown notices creates a lot of problems for websites and creators. Even after reading this in-depth guide on How To Use DMCA Tool In A Right Manner, still, if you are facing any questions related to the topic, please make sure to let us know in the comment box below.
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