The Digital Millennium Copyright Act (DMCA) is a United States copyright law enacted in 1998 to address copyright concerns arising from the rapid evolution of digital technologies. The DMCA comprises a broad range of provisions that aim to protect the rights of copyright owners while also promoting the advancement of technology and innovation.
At its core, the DMCA criminalizes the circumvention of technological protection measures, such as digital rights management (DRM), which are used by copyright owners to control access to their works. It prohibits the production, distribution, and use of tools or services that facilitate the circumvention of DRM, leading to copyright infringement.
Additionally, the DMCA grants a safe harbor protection to online service providers (OSPs) for the actions of their users. OSPs, such as internet service providers and websites, are shielded from liability for their users' copyright infringement if they comply with certain provisions, including implementing a notice-and-takedown system. This means that if an OSP receives a notice from a copyright holder, it must expeditiously remove or disable access to the alleged infringing material to maintain its safe harbor protection.
Furthermore, the DMCA introduced provisions criminalizing the act of knowingly providing false copyright infringement claims, known as "copyright trolling," as well as prohibiting the removal or alteration of copyright management information (CMI) that identifies the copyright owner or the terms of use.
