What is the Digital Millennium Copyright Act (DMCA)?

The Digital Millennium Copyright Act (DMCA) is a federal law of the United States that protects copyright owners from the unauthorized use of their works. It was signed into law in 1998 and is applicable in all states, including Washington. The DMCA prohibits individuals from circumventing technological measures put in place by copyright owners that restrict access to a work. It also provides immunity to Internet Service Providers (ISPs) from copyright infringement liability for voluntarily disabling access to certain materials that are determined to infringe copyright law. This is known as a safe harbor provision. The DMCA also includes a process for copyright owners to file a DMCA takedown notice with ISPs to request the removal of infringing materials. ISPs are obligated to respond to these notices and must remove the content in question. Finally, the DMCA made it illegal to manufacture, distribute, or traffic in any technology, product, service, device, or component that is designed to circumvent technological measures that protect copyrighted works. In short, the Digital Millennium Copyright Act protects copyrighted works from being illegally used or distributed without permission. It also puts in place safeguards to protect copyright owners and Internet Service Providers and outlines what action should be taken in the event of copyright infringement.

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