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The first way an OSP can be put on notice is through the copyright holder's written notification of claimed infringement to the OSP's designated agent. This must [ 13 ] include the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
In addition to the safe harbors and exemptions the statute explicitly provides, 17 U.S.C. 1201(a)(1) requires that the Librarian of Congress issue exemptions from the prohibition against circumvention of access-control technology.
If you prefer to use the formal OCILLA request, your DMCA takedown request must be sent to our designated agent. If you are not the copyright holder, we still welcome the information. See Wikipedia:Text copyright violations 101 for how to flag the issue; alternatively, you can also use the email address above.
A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and; An electronic or physical signature (which may be a scanned copy) of the copyright owner. A complaint can be submitted by: Sending a letter to our registered copyright agent.
Online Service Provider "Safe Harbor": Section 512 ("OCILLA", passed as part of the DMCA in 1998) provides a contingent "safe harbor" for online service providers from secondary liability for their users' copy infringements. US copyright law does not allow works created by animals to be copyrighted. [67] [68] [69]
However, on the basis of data on such notices the study concluded that the DMCA notice and take down process "is commonly used for other purposes: to create leverage in a competitive marketplace, to protect rights not given by copyright (or perhaps any other law), and to stifle criticism, commentary and fair use". [26]
Section 103 provoked most of the controversy which resulted from the act. It is often called DMCA anti-circumvention provisions. It restricts the ability to make, sell, or distribute devices which circumvent digital restrictions management systems, adding Chapter 12 (sections 1201 through 1205) to US copyright law. Section 1201 makes it illegal to:
This page was last edited on 22 February 2025, at 10:49 (UTC).; Text is available under the Creative Commons Attribution-ShareAlike 4.0 License; additional terms may apply.