DMCA defenses to online and other kinds of infringement
Reverse engineering for the purpose of achieving interoperability of systems is often protected as fair use or by the DMCA. Also, discovering a trade secret by fair and honest means does not violate trade secret law. If reverse engineering is accomplished through the use of theft, bribery, misrepresentation, breach or inducement of a breach of […]
Is reverse engineering legal? Read More »
No. The DMCA makes it unlawful to provide or distribute false copyright management information (CMI) with the intent to induce or conceal infringement.
Copyright management information (“CMI”) is information conveyed in connection with copies or other embodiments of a work relating to the title, author, copyright owner, and terms of use for the work. A copyright notice is an example of copyright management information.
What is “copyright management information”? Read More »
No. The DMCA prohibits linking to software or devices that are designed to bypass digital rights management (DRM) protections
The DMCA prohibits circumventing technological protection measures used by copyright owners to control access to their works. Bypassing a password system to gain unauthorized access to copyright-protected material or services (e.g., a streaming service) is an example. The DMCA also prohibits making, importing, offering, providing or trafficking in circumvention technologies, products, services, or components. The DMCA provides
What are the DMCA’s anti-circumvention provisions? Read More »
Yes, linking to infringing content could put you at risk of contributory liability for facilitating infringement, but if a website owner or other online service provider complies with DMCA requirements, it provides a safe harbor from contributory liability for facilitating access to infringing content. To qualify for this safe harbor, the website owner or other
Could linking to infringing content get me into trouble? Read More »
Yes. DMCA notices must be signed under penalty of perjury, and the DMCA provides additional financial penalties and damages for including a misrepresentation in a DMCA notification or counter-notification.
By complying with the notice-and-takedown procedures set out in the DMCA, a website owner or other online service provider may get the benefit of the DMCA’s safe harbor from contributory liability for user-provided content that infringers another person’s copyright.
What is the benefit of complying with the DMCA’s notice-and-takedown procedure? Read More »
The DMCA provides a safe harbor to website owners and other online service providers that comply with the DMCA’s notice-and-takedown provisions. To get the benefit of this safe harbor, a website owner or other online service provider must: Receive no direct financial benefit from the infringement; Designate a copyright notifications agent to receive and handle
What are the DMCA notice-and-takedown procedures? Read More »
The Digital Millennium Copyright Act (DMCA ) is a 1998 federal law that modernizes copyright laws for the digital age. It attempts to balance the rights of copyright owners with the interests of online service providers such as ISPs, social media platforms, and website owners. Its two most significant sets of provisions are the one
What is the Digital Millennium Copyright Act (DMCA)? Read More »
