The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as Digital Rights Management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998 by a unanimous vote in the U.S. Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.
Linking to infringing content
The law is currently unsettled with regard to websites that contain links to infringing material; however, there have been a few lower-court decisions which have ruled against linking in some narrowly prescribed circumstances. One is when the owner of a website has already been issued an injunction against posting infringing material on their website and then links to the same material in an attempt to circumvent the injunction. Another area involves linking to software or devices which are designed to circumvent DRM (digital rights management) devices, or links from websites whose sole purpose is to circumvent copyright protection by linking to copyrighted material.
There have been no cases in the US where a website owner has been found liable for linking to copyrighted material outside of the above narrow circumstances.
Contacting Us For Copy Written Material
We respond to all clear notices of alleged copyright infringement. If you believe that your intellectual property rights have been infringed upon by one of our users, we need you to send us a proper notification. All notices should comply with the notification requirements of the DMCA. You must provide the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees. Please make sure you can receive messages on the e-mail address from which you contact us. Invalid email addresses will be ignored. We will take all complaints into consideration and will remove all content within 24 hours. A proper notification must contain the information above, or it may be ignored. To send a notification, please send it to [email protected]
When sending us a DMCA notice, you may use this template:
Notice of Copyright Infringement
The copyrighted work at issue is the content that appears on www.[your domain name]/page.php and www.[your domain name]/page2.php . The URLs where our copyrighted material is located include www.[copwritten material domain]/page.html and www.[copwritten material domain]/page2.html . You can reach me at [email protected]
for further information or clarification. My phone number is +1-555-555-5555 and my mailing address is
555 West Wilshire Street,
Hollywood 90210 CA.
The email address of the website owner, who has reprinted our content illegally, is abuser@[the abusers domain name]
I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
[Current Date - Current Time]
If your DMCA Notification meets all the requirements, we will expidite the removal of the content process.