What is the notice of infringement under the DMCA?
The notice of infringement under the Digital Millennium Copyright Act (DMCA) is a legal document that states that a particular work of intellectual property is being infringed upon. This document is usually sent by the copyright holder to the person who is infringing on the copyright, and it serves as a warning that legal action may be taken if the infringement continues. In Pennsylvania, if a person is found to be intentionally infringing on a copyright, they could be liable for damages, including attorney fees and court costs. The notice of infringement must have specific information, including the alleged infringer’s name and address, a description of the copyrighted work, a description of the infringing material, the location of the infringing material, and a statement that specifies the alleged infringer is aware of the infringement. Once the accused infringer receives the notice of infringement, they have the right to contest the claim in court and prove that they did not infringe on the rights set forth in the law. The DMCA also protects online service providers (OSPs) from copyright infringement liability. An OSPs liability is limited provided that they respond expeditiously to remove or disable access to the allegedly infringing material. This helps ensure that online service providers are not being held liable for the actions of users who are infringing upon intellectual property.
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