Many owners of sites where media content was posted may have dealt with DMCA claims. They affect the interests of copyright holders whose intellectual property has been used without their consent. Complaints can trigger the removal of controversial content, the blocking of a domain name, or a ban on the use of a trade brand. The Digital Millennium Copyright Act is subject to U.S. law, so IHC recommends that owners of resources registered in this country, those who use search engines registered in America, comply with its requirements, respecting copyright.
What is DMCA and what does it protect
The DMCA is a law that protects copyright in the digital age, was adopted in 1998 in the United States, and is a tool for pre–trial settlement of issues of intellectual property infringement on the Internet. One part of it protects against circumvention of encryption methods, determines the degree of responsibility for this. The second one monitors and notifies about the illegal use of content. Based on this part of the law, it is promptly removed from the network, without lengthy delays, litigation, and costs.
How the DMCA has been used in practice
Upon detection of illegal placement of a copy of a music album, movie, etc., the copyright holder sends a takedown notice to the provider, where he makes claims. After receiving the notification, the hoster can delete the disputed material, save a backup copy, and hide it in the search results. At the same time, the person who received the application will be notified of this.
The story may not end there if the owner of the site with the disputed materials submits a counter-statement (counter-notice) denying the violation the authorship of any person. Now the provider must restore everything deleted in 10 days. Then the parties will either agree or go to court.
More information about the DMCA and the procedures for its implementation in the United States can be found here.
According to the American copyright law, their ownership can be established, taking into account the date of "fixing" the intellectual property product on a web resource, in print, etc. The DMCA is subject to this principle. However, in some cases, attackers use substitution of publication dates, setting earlier dates for stolen content. There are contradictions between the true state of affairs and the letter of the law.
Although any resident, non-resident, can apply for copyright protection, sensitive files can only be hidden in a system registered in the United States. Defending one's rights in this case is of a local nature, without guarantees of suppression of violations on other platforms.
Why DMCA is necessary in the Modern Digital Age
The desire to have your own Internet business and get quick results pushes unscrupulous resource owners to copy and steal someone else's content. Such cases have become almost routine, so an effective anti-piracy tool was needed. The advantages of the DMCA policy are as follows:
- Prompt response to copyright infringement, without going to court;
- The ability of a copyright holder with any nationality to take advantage of the DMCA protecting authorship, defending the restoration of deleted content;
- The risk of losses is reduced when stealing content that is well monetized.
What content requires protection and why is it needed
DMCA policy provides protection against piracy to the following digital products:
- Unique content (expert opinions, product reviews, reviews);
- Photos, audio and video materials;
- Non-standard solutions with interactive (color matching tools, filters for product search);
- Web pages with a high conversion rate.
DMCA Low is currently one of the most effective tools in countering the appropriation of someone else's intellectual work. This law applies to objects/entities under the jurisdiction of America, including the Google platform. With its help, web pages and material that have been complained about are no longer indexed. But it must be remembered that when submitting claims, you are responsible for providing accurate, truthful information.
Many owners of sites where media content was posted may have dealt with DMCA claims. They affect the interests of copyright holders whose intellectual property has been used without their consent. Complaints can trigger the removal of controversial content, the blocking of a domain name, or a ban on the use of a trade brand. The Digital Millennium Copyright Act is subject to U.S. law, so IHC recommends that owners of resources registered in this country, those who use search engines registered in America, comply with its requirements, respecting copyright.Join now