02 Jan DMCA – How It Works And How It Is Abused?
DMCA – Digital Millennium Copyright Act was devised during the tenure of President Bill Clinton on October 28, 1998. The major purpose of DMCA is to update the already existing the copyright law by including and regulating the chapter of digital material. The DMCA protects the copyrights of both the owners and the consumers. It complies with WIPO – World Intellectual Property Organization. It was accepted by over 50 countries in 1996. The DMCA is the result of the collaborative effort of publishers, scientists, civil right activists, and technical experts.
Fair Use and copyright
Fair use means the usage of the material that is copyrighted in the limited capacity. The simple example would be the use of a quote in a book or a movie in other material. In 1998 the inclusion of fair use was considered a critical victory.
It is a known fact that content is available on the internet is the very reason why people are using the internet. Hence it is mandatory to regulate the usage of the content that is available in various open platforms. The content may refer to blogs, articles, videos, and pictures.
The DMCA Abuse
The Fair Use may seem like an easy way to regulate the usage of material. But generally, people do not stick on to the rules and regulations. When big money is involved which mostly happens in corporations, they use bots for the notification process. The bots flood the OSPs with different take down requests. Google has stated that nearly 99 percent of the takedown notices are requested by the bots.
The abuse of DMCA has created a very considerable impact on the internet. On a daily basis, the OSPs are getting millions of takedown requests. To process everything and verify the authenticity is a nerve-wracking procedure. As a result, the content is removed, and a notification of the removal is sent to the person who uploaded it.
Avoiding DMCA Abuse
There are only little things that you can do to avoid being the victim of DMCA abuse. The first thing that you need to do is to make sure that you perfectly follow the fair use practices. Make sure to file for counter notices if you have been wronged. If the takedown notifications exceed a specific number, then the case may end up in court. We’ve recently seen courts in Dallas and San Antonio take up multiple cases in this regard. But there are very few instances that has ever happened. If there is not much money involved, then it is better to back down at a certain level.
The DMCA many came into existence because of some big production houses in Hollywood. It was later that people who had the vision of the future brought in safe harbor and fair use. It is because of these entities that the internet is what it is today. So there are no second thoughts on the fact that the violation of DMCA must be taken more seriously and tech giants need to come up with the solution that entirely eliminates the DMCA abuse.