You may be wondering if copyright owners actively seek to protect their work. The answer is an emphatic, yes, particularly since the rise of the internet.
The Digital Millennium Copyright Act (DMCA) is a United States copyright law enacted in 1998 that extended the reach of copyright, while also providing limited liability protection to internet service providers (ISPs) and online platforms for copyright infringement by their users. The DMCA is codified as Title 17 of the United States Code, incorporating itself into the broader framework of American copyright law. Its main objectives are to implement the World Intellectual Property Organization (WIPO) treaties and to address challenges posed by the digital age.
The DMCA is often most noted for its two key provisions:
Anti-Circumvention Measures (Title I): This portion makes it illegal to circumvent access controls or technical protection measures that prevent or restrict the copying of copyrighted works. It also prohibits the distribution of technologies, devices, or services intended for circumvention.
Online Copyright Infringement Liability Limitation (Title II): Commonly known as the "Safe Harbor" provision, this part provides ISPs and online service providers (OSPs) with protection from liability for copyright infringement by their users, provided they meet certain criteria and follow specific procedures.
The DMCA's Safe Harbor rules are particularly important for online platforms, including educational institutions, that allow users (i.e. faculty and staff) to post or share content to the institutions online platforms. At SJR State, this include Canvas. To qualify for Safe Harbor protection:
The service provider (in our case, SJR State) must not have knowledge of the infringing activity or, upon gaining such knowledge, must act quickly to remove or disable access to the infringing material.
The service provider must not receive a financial benefit directly attributable to the infringing material if the service provider has the ability to control such activity.
The service provider must designate an agent to receive notifications of claimed infringement and register that agent with the U.S. Copyright Office.
The DMCA outlines a "notice and takedown" process, which allows copyright holders to request the removal of infringing material from websites. Upon receiving a proper DMCA takedown notice, the service provider must expeditiously remove or disable access to the infringing material and notify the user who posted it. Users may counter-notify if they believe the takedown was unjustified, and the material may be restored in certain circumstances.
While the DMCA has been instrumental in shaping the legal landscape of online copyright, it is not without its critics. Concerns often revolve around the potential for abuse of the notice and takedown system, lack of fair use considerations, and the inhibitive impact of anti-circumvention measures on research and reverse engineering.
Educational institutions that host or link to copyrighted material— which, at SJR State, includes College web sites, LibGuides, or Canvas — need to be particularly mindful of DMCA regulations. Compliance usually involves designating a DMCA agent, implementing a repeat infringer policy, and ensuring prompt response to takedown notices. The College has taken the requisite steps to qualify for Safe Harbor protection.
Now, let's talk about copyright ownership.