Miami Attorney

Miami Attorney Michael D. Stewart, Esq. representing clients in Civil, Criminal and Real Estate Litigation, Business and intellectual property matters, trademark, copyright, Immigration, Family matters, including divorce, support and custody

www.themiamilaw.com
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The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Digital Millennium Copyright Act (DMCA)

The Digital Millennium Copyright Act (DMCA)
By Michael D. Stewart, Esq.
Miami Lawyer

The Digital Millennium Copyright Act (DMCA) is a copyright law that was instituted to provide protections concerning copyright infringement on the Internet. One of the provisions of the DMCA provides a safe-harbor protection for Online Service Providers (OSP) from copyright infringement provided they follow a set of procedures to block the infringing materials upon proper notification from a copyright holder. This provision is known as the Online Copyright Infringement Liability Limitation Act. If, however, the OSP is provided proper notice by the alleged copyright infringer, there is also a put back provision limiting their liability from the alleged infringer.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

DMCA

The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 9
Each limitation entails a complete bar on monetary damages, and restricts the
availability of injunctive relief in various respects. (Section 512(j)). Each limitation
relates to a separate and distinct function, and a determination of whether a service
provider qualifies for one of the limitations does not bear upon a determination of
whether the provider qualifies for any of the other three. (Section 512(n)).
The failure of a service provider to qualify for any of the limitations in section
512 does not necessarily make it liable for copyright infringement. The copyright
owner must still demonstrate that the provider has infringed, and the provider may still
avail itself of any of the defenses, such as fair use, that are available to copyright
defendants generally. (Section 512(l)).
In addition to limiting the liability of service providers, Title II establishes a
procedure by which a copyright owner can obtain a subpoena from a federal court
ordering a service provider to disclose the identity of a subscriber who is allegedly
engaging in infringing activities. (Section 512(h)).
Section 512 also contains a provision to ensure that service providers are not
placed in the position of choosing between limitations on liability on the one hand and
preserving the privacy of their subscribers, on the other. Subsection (m) explicitly
states that nothing in section 512 requires a service provider to monitor its service or
access material in violation of law (such as the Electronic Communications Privacy Act)
in order to be eligible for any of the liability limitations.
Eligibility for Limitations Generally
A party seeking the benefit of the limitations on liability in Title II must qualify
as a

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Digital Millennium Copyright Act (DMCA)

THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998
U.S. Copyright Office Summary
December 1998
INTRODUCTION
The Digital Millennium Copyright Act (DMCA)1 was signed into law by
President Clinton on October 28, 1998. The legislation implements two 1996 World
Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and
the WIPO Performances and Phonograms Treaty. The DMCA also addresses a
number of other significant copyright-related issues.
The DMCA is divided into five titles:
! Title I, the

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574