What Creators Need to Know About the Digital Millennium Copyright Act

What Creators Need to Know About the Digital Millennium Copyright Act

In 2015, there were about 95 copyright violations in that year alone.

If you want to make sure that you aren’t one of them, you’ll need to know about the Digital Millennium Copyright Act.

There are a few things that you have to keep in mind, especially if you’re streaming or posting videos on the Internet, so make sure you keep reading to find out everything you need to know!

What Is It?

First off, you have to understand what it is. This particular copyright act was passed in 1998 and then the government started implementing it in 2000.

Since then, it says that the United States law has to be up to the standards and requirements of international copyright treaties as well.

This means that it addresses issues of copyrights in the digital area. It will limit what service providers need for services, and it will also address what should happen for online infringement if it happens.

It will also limit the access you have to different copyrighted material and will dictate how you can use it in an online setting.

Violations

So how do you get one of these copyright violations? The short answer is that you don’t have permission to use any content (songs, photos, videos, etc.) unless it’s under the doctrine of Fair Use.

Fair Use is a policy that many people try and argue for when they find themselves in a copyright violation. This piece of legislation says that people can use copyrighted material without consent. However, in order for this to work, the media in question has to meet certain requirements.

There are four different factors that the court considers to figure out if the content is under Fair Use.

The first one is the purpose of the usage. For example, is it being used for personal use or for commercial gain?

The second one is the work that is copyrighted. Does the new content that uses it change it in any way?

Third, they’ll look to see how much of the copyrighted content is actually being used.

Lastly, they’ll ask if the old copyrighted work is damaged in some way by being used by you.

You can try and argue these four points in an appeal with the court. But it’s much easier for them to just hand out a violation without giving it any consideration. This way people will comply with the law much easier just to keep the peace.

Notices and Takedowns

If you are found in violation of a copyright, you’ll likely have some DMCA takedowns of your content.

When you get a claim like this, it means that you’re using copyrighted material, and you need to take your content down. It likely goes against the website’s DMCA policies anyway.

If you get a notice, it may come straight from the copyright holders. But in some cases, they send it to the website that you’re hosting your content on and have them tell you to take it down.

When you receive a takedown notice, there are a few things that have to be mentioned there per the procedures set by the law.

If those elements aren’t included, you can start appealing about whether or not the takedown request is legal by certain standards.

Avoid Notices and Claims

One of the best ways to avoid notice or a takedown action in the first place is to just avoid DMCA claims.

Be aware of some of the laws surrounding copyrights. If you’re going to be a streamer or content creator, make sure that you take some time to read up on all of the copyright laws.

However, whether you’re going to be using music for gaming or photos in your slideshow, make sure you follow these few easy rules.

Go through all of your old videos and posts and make sure that there is no copyrighted content in them. Even though it was years ago, you could still receive a notice if it uses any kind of content that is copyrighted.

Some of your older content may have been free to use at the time or specially licensed, but that license can expire.

You should also be aware of some artists saying that you have permission to use their songs. Depending on their contract with the recording studio, they may not actually have permission to give you the rights to use that song.

So don’t take anyone’s word for granted, and make sure that you do your own research. You should track down the holder of the license and then ask them for permission if possible.

If you do make sure that you haven’t used any copyrighted information, you may still get a notice. There is an algorithm that detects for copyrighted content and will send you an automatic notification if the algorithm thinks it detects something.

However, if you’ve made sure that you’re not in the wrong, you can try and fight it.

Learn More About the Digital Millennium Copyright Act

These are only a few things to know about the Digital Millennium Copyright Act, but there are many more things to keep in mind.

We know that it can be overwhelming trying to learn all of these things and figure them out, but we’re here to help you out!

If you enjoyed this article, make sure that you explore our website and find more articles just like this one!