DMCAkäytännöt

DMCAkäytännöt, or Digital Millennium Copyright Act practices, refer to the guidelines and procedures established under the Digital Millennium Copyright Act (DMCA) in the United States. The DMCA is a copyright law that implements two 1996 treaties of the World Intellectual Property Organization. It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works. The DMCA also contains a safe harbor provision for service providers, which allows them to limit liability for copyright infringement by their users.

The DMCA practices include the following key points:

1. Notice and Takedown: Service providers must have a process in place to receive notices of alleged copyright infringement. Upon receiving a valid notice, the service provider must remove or disable access to the infringing material.

2. Counter-Notice: If the copyright owner believes that the material was removed or disabled by mistake, they can file a counter-notice. The service provider must then provide a copy of the counter-notice to the original complaining party.

3. Repeat Infringer Policy: Service providers must have a policy that addresses repeat infringers. This policy must provide for the termination of the user's account or access to the service.

4. Designated Agent: Service providers must designate an agent to receive notices of alleged copyright infringement. This agent must have a physical or electronic address that is available to the public.

5. Record-Keeping Requirements: Service providers must keep records of notices of alleged copyright infringement and counter-notices for at least 180 days after the date the service provider removes or disables access to the infringing material.

These DMCA practices are designed to balance the rights of copyright owners with the rights of users and service providers. They provide a framework for addressing copyright infringement in the digital age.