The Digital Millenium Copyight Act of 1998, or DMCA, was intended to update copyright law as applied to digital media. The DMCA is divided into five titles, and not everything in the DMCA is strictly related to digital media. For example, Title V of the DMCA is known as the "Vessel Hull Protection Act" which has to do with according legal protection to the design of vessel hulls.
Perhaps the most important provisions in the DMCA are found within Title II, which deals with limiting the legal liability of online service providers. Many online service providers (OSPs) allow users to upload content to the OSP servers to enable photo or video sharing, file transfers, or myriad other reasons. Strictly speaking, before the DMCA, OSPs could be liable for enabling the distribution/download of copyrighted material which was housed on their servers. Obviously, with millions of users on some of the more active social media platforms, it remains unreasonable for the OSP to have to monitor all content posted by all users at all times, or otherwise risk getting sued. Under these conditions, OSP's may decide to close up shop altogether.
Thus, a number of "safe harbor" provisions found within the DMCA exempt the OSP from such copyright claims.
Perhaps the most important provisions in the DMCA are found within Title II, which deals with limiting the legal liability of online service providers. Many online service providers (OSPs) allow users to upload content to the OSP servers to enable photo or video sharing, file transfers, or myriad other reasons. Strictly speaking, before the DMCA, OSPs could be liable for enabling the distribution/download of copyrighted material which was housed on their servers. Obviously, with millions of users on some of the more active social media platforms, it remains unreasonable for the OSP to have to monitor all content posted by all users at all times, or otherwise risk getting sued. Under these conditions, OSP's may decide to close up shop altogether.
Thus, a number of "safe harbor" provisions found within the DMCA exempt the OSP from such copyright claims.
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