The Digital Millennium Copyright Act

• Jurisdiction: Maryland

VII. THE DIGITAL MILLENNIUM COPYRIGHT ACT

Notwithstanding all of the protections given owners under the Copyright Act, the content industries came to believe that existing law was insufficient to ensure their ability to exploit their copyrights. Congress agreed and, in 1998, enacted the Digital Millennium Copyright Act (DMCA) to supplement the basic statute. For example, the DMCA creates an incentive for Internet service providers to take down infringing materials by immunizing them from liability if they comply with detailed notice and takedown procedures.⁷⁰ In order to qualify for this "safe harbor" provision, however, a service provider must implement a repeat...