Understanding copyright infringement laws can be challenging. So, we put together an informational guide detailing the Digital Millennium Copyright Act (DCMA). With this guide, hopefully you’ll have a better understanding of copyright infringement and what you can do if someone has infringed your copyright.
If you have more questions about copyright infringement or need help addressing other business law issues, contact a business law attorney from Sul Lee Law Firm. Call us today to schedule a consultation.
A copyright is a type of intellectual property that gives the copyright holder the exclusive right to:
To be eligible for copyright protection in the United States, the work must:
A work is not eligible for copyright protection if it is:
To register a work for copyright protection, a party can submit a copyright application on copyright.gov. You must submit a completed copyright application form, which can be found in the Forms section of the copyright.gov website, along with a nonreturnable copy of the work to be registered.
Registering a work is important because while copyright protection subsists automatically, the work must be registered to pursue infringers and to receive statutory remedies.
Remedies for infringement of a copyrighted work include:
Yes. 17 U.S.C. § 507 provides that criminal proceedings pursuant to 17 U.S.C § 506 shall be brought within five years, while civil actions shall be brought within three years of the date that the copyright holder becomes aware of the infringement.
Copyright protection is valid for the life of the author plus 70 years following the author’s death.
After the copyright protection ends, the author’s work enters the public domain, and the author no longer has the sole and exclusive rights to:
A.A. Milne’s Winnie the Pooh, F. Scott Fitzgerald’s The Great Gatsby, and William Shakespeare’s Romeo and Juliet are examples of works that are in the public domain. When a work enters the public domain, other users can use the works without legal repercussions.
The Digital Millennium Copyright Act (DMCA) is a law enacted in 1998 that was meant to address issues with copyright ownership in the digital age. The law has several different titles, each of which serves a different purpose.
Title I implements the World Intellectual Property Organization (WIPO) treaties.
Title II limits the liability of online service providers against copyright infringement if they abide by the safe harbor guidelines.
Title III permits copies of computer programs for the purpose of repairing a computer.
Title IV contains six miscellaneous provisions, which:
Title V protects boat hull designs.
Online platforms have policies designed to prevent the infringement of registered copyrights.
To report a DMCA violation, you must file a DMCA notice providing the online service provider with information such as:
Online platforms are incentivized to promptly revaluate and respond to DMCA violation notices, as if the platform fails to take remedial action, they cannot invoke the DMCA’s safe harbors and can be held contributorily liable for copyright infringement. Upon receiving a DMCA Takedown Request, online service providers will diligently evaluate your claims and remove any infringing material.
If you need help with this process, contact a business law attorney from Sul Lee Law Firm today.
The ins and outs of copyright infringement can be overwhelming. If you need help understanding the DMCA United States copyright law or bringing an action against a copyright infringer, you can rely on the lawyers at Sul Lee Law Firm. We will help you seek copyright infringement liability.
If you have more questions, contact a business lawyer from Sul Lee Law Firm to schedule a consultation.