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us digital millennium copyright act definition

Definitions

LINK / CITE ADD TO WORD LIST Digital Millennium Copyright Act of 1998 - Computer Definition (legal term)

The protection of intellectual property rights from attack by cybercriminals is for many modern-day businesses as important as dealing with crack attacks on computer networks.

Enacted in October 1998, the DMCA was intended to implement under United States law certain worldwide copyright laws to cope with emerging digital technologies by providing protection against the disabling or by-passing of technical measures designed to protect copyright. The DMCA sanctions apply to anyone who attempts to impair or disable an encryption device protecting a copyrighted work, typically using the Internet.

A copy of the DMCA can be found at the Web page http://www.copyright.gov/legislation/ dmca.pdf.

See Also: Attack; Copyright Law; Hacker Quarterly Magazine (a.k.a. 2600); Intellectual Property (IP); Infringing Intellectual Property Rights and Copyright, Internet; Network.

Schell, B.H., Dodge, J.L., with S.S. Moutsatsos. The Hacking of America: Who’s Doing It, Why, and How. Westport, CT: Quorum Books, 2002.

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us digital millennium copyright act definition
Section 16: Digital Millennium Copyright Act, Safe Harbor Handbook on Multiple Listing Policy Section 16: Digital Millennium Copyright Act, Safe Harbor In this section MLS Handbook home Table of Contents MLS Antitrust Compliance Policy Structure Administration Data Participants' Rights Enforcement of Rules Commission & Cooperative Compensation Offers Lock Box & Key Repositories Virtual Office Websites Download ‹ Section 15: Ownership of Listing and Listing Content up Policies: Enforcement of Rules ›

The Digital Millennium Copyright Act (DMCA) is a federal copyright law that enhances the penalties for copyright infringement occurring on the Internet. The law provides exemptions or “safe harbors” from copyright infringement liability for online service providers (OSP) that satisfy certain criteria. Courts construe the definition of “online service provider” broadly, which would likely include MLSs as well as participants and subscribers hosting an IDX display..

One safe harbor limits the liability of an OSP that hosts a system, network or website on which Internet users may post user-generated content. If an OSP complies with the provisions of this DMCA safe harbor, it cannot be liable for copyright infringement if a user posts infringing material on its website. This protects an OSP from incurring significant sums in copyright infringement damages, as statutory damages are as high as $150,000 per work. For this reason, it is highly recommended that MLSs, participants and subscribers comply with the DMCA safe harbor provisions discussed herein.

To qualify for this safe harbor, the OSP must:

Designate on its website and register with the Copyright Office an agent to receive takedown requests. The agent could be the MLS, participant, subscriber, or other individual or entity. Develop and post a DMCA-compliant website policy that addresses repeat offenders. Comply with the DMCA takedown procedure.If a copyright owner submits a takedown notice to the OSP, which alleges infringement of its copyright at a certain location, then the OSP must promptly remove allegedly infringing material. The alleged infringer may submit a counter-notice that the OSP must share with the copyright owner. If the copyright owner fails to initiate a copyright lawsuit within ten (10) days, then the OSP may restore the removed material. Have no actual knowledge of any complained-of infringing activity. Not be aware of facts or circumstances from which complained-of infringing activity is apparent. Not receive a financial benefit attributable to complained-of infringing activity when the OSP is capable of controlling such activity.

Full compliance with these DMCA safe harbor criteria will mitigate an OSP’s copyright infringement liability. For more information see 17 U.S.C. §512. (Adopted 11/15) I

In this section MLS Handbook home Table of Contents MLS Antitrust Compliance Policy Structure Administration Data Participants' Rights Enforcement of Rules Commission & Cooperative Compensation Offers Lock Box & Key Repositories Virtual Office Websites Download Most Popular 2017 State Convention Schedule Communications Directors Institute Quiz: 2016 Commercial Members Code of Ethics Training Courses

Cloud (Digital) Millennium Copyright Act (DMCA)

Wikipedia Definition & Overview The Digital Millennium Copyright Act (DMCA) is an amendment to United States copyright law, passed unanimously on May 14, 1998, which criminalizes the production and dissemination of technology that allows users to circumvent technical copy-restriction methods. Under the Act, circumvention of a technological measure that effectively controls access to a work is illegal if done with the primary intent of violating the rights of copyright holders.

 

Cloud Computing, Clickwrap Agreements, and Limitation on Liability Clauses: A Perfect Storm? Recently, courts have begun to enforce limitation on liability clauses in click-wrap agreements,10 but the use of these clauses presents troubling new concerns because of the high value and volume of data stored in the cloud. By assenting to these agreements, cloud customers are clicking away more of their legal rights than they might think.

Infringers or Innovators? Examining Copyright Liability for Cloud-Based Music Locker Services Music lockers—Internet sites where users may store a copy of their music for later playback—have revolutionized the way people listen to music, allowing them to take their music with them anywhere in the world. However, rights holders are concerned that these locker services potentially infringe music copyrights when they allow their users to upload and stream music and when they use a space-saving technology called “deduplication.”

MP3tunes Scores A Victory For Cloud Locker Services Cloud-based music services can heave a sigh of relief. MP3tunes, the cloud locker service founded by Michael Robertson, scored a partial victory in the copyright litigation brought by EMI. In his August 22nd decision, Judge William H. Pauley III agreed with MP3tunes that the safe harbor provision of the Digital Millennium Copyright Act (DMCA) protected it against many of EMI’s infringement claims.

YouTube Video – Digital Millennium Copyright Act – Exploring Fair Use Rights This video takes a glimpse at how Fair Use rights have become a heated political issue concerning creation and use of today’s media under the Digital Millennium Copyright Act of 1998. (May 2011)




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