Copyright owners
May send a compliant notice identifying infringing online material and request that a qualifying provider remove or disable access to it.
Notice-and-takedown resources
The U.S. Copyright Office publishes the statutory requirements, sample notices and counter-notices, educational materials, and the designated-agent directory.
What this law does
Title II of the DMCA added section 512 to the Copyright Act. It limits qualifying online service providers’ monetary liability for user infringement when they meet defined conditions, including acting expeditiously on compliant infringement notices in applicable safe-harbor categories.
The framework includes a counter-notification process. A user who believes material was removed because of mistake or misidentification may submit a compliant counter-notice, after which a provider generally restores the material in 10 to 14 business days unless the claimant reports filing a court action.
Other DMCA provisions prohibit circumvention of technological measures controlling access to copyrighted works and protect copyright-management information against specified falsification, removal, or alteration.
Key dates
| Date | Milestone |
|---|---|
| July 29, 1997 | H.R.2281 is introduced in the House. |
| October 8, 1998 | House and Senate agree to the conference report. |
| October 28, 1998 | The DMCA is signed into law as Public Law 105-304. |
| Every three years | The Copyright Office conducts the section 1201 exemption rulemaking. |
In brief
Users and uploaders
May send a compliant counter-notice when material was removed because of mistake or misidentification.
Online service providers
May qualify for safe-harbor limitations by meeting the requirements applicable to their services.
Current federal law: The DMCA established online-service-provider safe harbors and the notice-and-takedown system, protects technological access controls, and prohibits specified interference with copyright-management information.
False statements and infringement liability
Section 512(f) permits recovery of damages, costs, and attorney’s fees caused by a knowing material misrepresentation in a takedown notice or counter-notice. Separately, copyright infringement can result in injunctions, actual or statutory damages, costs, and—in qualifying cases—criminal penalties.