Digital Millennium Copyright Act and its Safe Harbor

If you’ve ever scrolled through a website’s Terms of Use before clicking “I Agree” (its ok if you don’t, I don’t even think many lawyers do it) you may have seen something called the Digital Millennium Copyright Act or DMCA. In the Terms of Use there is usually an address to contact the site’s DMCA Agent.

Way back in 1996, the US entered into two treaties: the World International Property Organization (“WIPO”) Copyright Treaty and the WIPO Performances and Phonograms Treaty. The provisions of these treaties were implemented by DMCA when President Clinton signed it into law in 1998. (Long time ago I know, I’ve had a lot of questions regarding it lately and wanted to get an explanation out there). Read more