DMCA

The Digital Millennium Copyright Act (DMCA) is a United States federal statute enacted in 1998 to address copyright in the digital environment. It implements two WIPO treaties and combines civil and criminal provisions to combat copyright infringement online while protecting legitimate use. The act establishes mechanisms for enforcement, provides safe harbors for online service providers, and prohibits certain circumvention of technological protection measures.

Safe harbors and notice-and-takedown: The DMCA's safe harbor provisions shield online service providers (including ISPs, search engines, and platforms hosting user-generated content) from liability for infringing material posted by users, provided they meet criteria: promptly remove or disable access to infringing content upon receiving proper notice; avoid gaining a direct financial benefit from the infringement; not have actual knowledge of infringement; and adopt a policy to terminate repeat infringers. A notice-and-takedown process requires copyright owners to submit a detailed notice; upon receipt, the provider must act. The user can respond with a counter-notice, and content may be restored if no legal action is filed.

Anti-circumvention and other provisions: Section 1201 prohibits defeating digital rights management and distributing tools to circumvent access controls. It also criminalizes trafficking in circumvention devices. The DMCA also prohibits removal or alteration of rights management information. The Librarian of Congress conducts regular rulemakings to grant exemptions permitting certain circumventions (for education, accessibility, or archival purposes) not permitted by the general prohibition, reflecting a balancing of interests between rights holders and users.

Impact and criticism: The DMCA has significantly shaped online copyright enforcement, content moderation, and takedown practices. It has faced criticism over potential abuse, chilling effects on legitimate speech, and concerns about due process and transparency, prompting ongoing policy debates and periodic exemptions updates.