1. What is the purpose behind the DMCA?

The DMCA was created to facilitate the myriad copyright issues that emerged with the new digital millennium. The internet allowed anyone to publish content with a few clicks of a mouse, without experience or moderation, opening the door to both inadvertent and malicious copyright infringement. Copyright holders needed protection; ISPs and intermediaries needed reasonable immunity; and courts would never be able to handle the huge numbers of infringement claims that the internet promised.

2. Where does DMCA apply?

The DMCA implemented two international treaties from the World Intellectual Property Organization (WIPO). The act was passed unanimously by the US Senate and signed into law in 1998. This made it federal law across the United States—but only in the United States. Internationally, intellectual property is protected by the WIPO (the World Intellectual Property Organization), whose treaties protect copyright in some 200 nations.

3. What is the DMCA takedown process?

In simple terms, the DMCA takedown process involves the copyright holder sending a DMCA Notice to the ISP, reporting copyright infringement, and seeking removal. The ISP then tracks down the infringement’s location and takes the content down. The party that posted the content is allowed to refute the complaint and possibly have the content restored.

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