DMCA 101

What’s the DMCA? The Digital Millennium Copyright Act (1998) is part of U.S. copyright law. Most U.S. copyright law dates to 1976. The DMCA deals with copyrights on online materials – websites, blogs, and other digital content.

Online piracy of videos, pictures, and other content is a major problem for content creators and owners. A copyright owner can file a takedown with a photo or video website, but the DMCA puts the burden on the copyright owner to find and take down the pirated content. Under the DMCA, the copyright owner files a takedown request with the photo or video website, and submits evidence (copyright registration numbers or other legal documentation) to the website to prove the copyright owner’s legal ownership. Once the takedown request is received, the website often takes down the copyrighted content.

The DMCA’s safe harbor protects a website from a copyright infringement lawsuit. But if the website keeps the pirated content online, the website can be liable for willful copyright infringement (and maximum damages). The DMCA doesn’t extend to piracy of copyrighted content if it’s protected by fair use.

My law firm is experienced doing take downs of clients’ copyrighted content under the DMCA. We help you protect your content, and can counsel you on monetizing your content.

Steve Johnson is an experienced Kansas and Missouri entertainment law attorney who enjoys working with individuals, companies, and nonprofit organizations to serve their copyright needs.

Call (913-707-9220) or email (steve@johnsonlawkc.com) Steve Johnson, of Johnson Law KC LLC, today to help with all your entertainment law and copyright needs.

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