What is the Safe Harbor Provision Under the Digital Millennium Copyright Act?
The Digital Millennium Copyright Act (DMCA) represents a worldwide agreement. That was entered into between various governments and corporations. All to provide protection from copyright infringement in the digital age. Established in 1998 when DVDs and CDs were popular. The DMCA provided unique copyright protections at the time. But has largely failed to stay the pace. As rapid development of new technologies has caused need for some change to the protections that are enacted. But, what is the safe harbor provision under the Digital Millennium Copyright Act and what does it mean for filmmakers?
The DMCA History
In the era of the original creation of the Digital Millennium Copyright Act. We were seeing sites like Napster and early forms of YouTube allowing the illegal sharing of copyrighted material.
Never before had the need for copyright protections been as strong as it were. As film studios and recording companies faced the fear of losing out on millions. As copies of music, video, and other copyrighted work was consumed online for free.
The need to take action was more prominent with each growing technology that was introduced to the industry.
Initial Impact
The Digital Millennium Copyright Act was introduced to provide that protection. In fact, the DMCA would do a great job, at first.
Finally, the various companies that were involved in streaming music, video, or other copyrighted material for free would face lawsuits.
And fear would limit the use of copyrighted material to some extent. At least for a little while.
Safe Harbor Provisions
While a lawsuit for copyright violation relative to the DMCA could have certainly bankrupted a business. Certain protections were established for “Internet Service Providers.”
These protections or provisions that would limit liability for copyright infringement suits against service providers became known as “Safe Harbor.”
What Does It Mean?
But what is the Safe Harbor provision under the Digital Millennium Copyright Act and what exactly does it mean?
The Safe Harbor provision provided certain protections for “internet service providers”. Which were defined by the DMCA as companies that provide some kind of service to consumers over the internet.
Thus, businesses that provided chat rooms or other services online would be protected under the Safe Harbor protection.
As long as they took the following steps:
- Posted a visible disclaimer.
- Initialized a policy for identifying and removing copyrighted material.
- Notifying violators with a Cease and Desist letter.
- Putting a stop to frequent abusers.
In Summary
As you can see, the Safe Harbor provision under the Digital Millennium Copyright Act provides unique protections for internet service providers but it’s not perfect nor is it foolproof.
Greater protections are needed, as are expanded provisions under Safe Harbor. To ensure those filmmakers, and other creatives, have proper protections while allowing the fair use of copyrighted material.
