As a website owner, of course, you have made many efforts to make your website able to attract visitors — one of them, diligently making quality content. However, what if you find that someone else is using your content without permission? Of course, you will feel annoyed. Fortunately, there is a solution to be able to solve these problems quickly, namely the DMCA.
You may have heard the term DMCA, but you don’t understand it. No need to worry. In this article, we will invite you to discuss the DMCA in full.
What is the DMCA?
The DMCA is an abbreviation of the Digital Millennium Copyright Act, a rule governing copyright to digital content. The DMCA was passed in the United States in 1998.
Digital content is the work of someone in the form of text, images, photos, videos, and others that are packaged in digital format. Some examples of digital formats that are commonly used include: .pdf, .doc, .ppt, .xls, .mp3, .wav, .avi, .wmv , and others.
Overview of Copyright in DMCA
Because of the DMCA regulates copyright, we need to mention a little about the basic concept.
Copyright is the right to intellectual property when a person has produced an actual work, whether published or not.
This means that when you produce a work, it will automatically be copyrighted. Other people cannot just use the work without your permission. Besides, there must be no other work that resembles your work 100%.
For example, if you write a novel on your blog with the main character named Gundala. When you give a detailed description of the character in your book, Gundala will own the copyright. If other parties also use the same style with different names, then this is called plagiarism.
Furthermore, copyright only applies if your work already has a form. In the example above, a novel with the character Gundala. Because, if only in the way of ideas are not included in the protected copyright.
Does this mean that no one can use your work for any purpose? The answer may be, with certain limitations. This is what is called Fair Use.
Fair Use is a law in force in the United States that supports freedom of expression. Under this Fair Use law, a person may use copyrighted works for limited purposes without permission from the author.
For example, if you do a review of a film on your blog, of course, you will display footage of scenes in the movie. Although the entire movie is a copyrighted work, you can use parts of the movie without prior permission.
The DMCA was created not only to protect content creators, but also third parties involved in traffic using digital content. In this case, the third party is a hosting service provider, internet service provider, and search engine.
As the internet develops, uploading, downloading, and sharing files has become commonplace. Sometimes in practice, the identity of the creator is unknown. This is what leads to the use of the content without permission, plagiarism, and even theft of content.
The DMCA aims to protect content creators from all acts of abuse while protecting third parties from lawsuits.
That is if you are a video creator, and it turns out your work is uploaded by someone else to YouTube, you cannot sue YouTube based on these rules. Another example, if there are parties who load your novel on their blogs, you cannot sue the web hosting provider.
The Use Of Content Without Permission
Then, what if you feel that someone has used your content without permission? How can the DMCA help you?
Although you have the right to request a takedown notice, there are a few things you need to pay attention to.
- Ensuring Copyright Infringement Occurs
As you know, there are several rules for using works that can be done without permission. If the use of the content that you find is included in the Fair Use category, then you may not submit a takedown notice. (We will discuss this further in the next section)
Examples of Fair Use include criticism, comments, news reporting, teaching, and research.
In a review, if someone uses the content, then that is not copyright infringement.
In fair use, if some content that is not intended to obtain financial benefits will not be considered as copyright infringement.
Taking a basic idea to produce another different work is not a form of copyright infringement. For example, if you write a story by taking inspiration from another account, that is permissible.
- Contacting Parties Who Commit Violations
After you confirm that another party has committed a violation and you know that party, you can contact them.
If you don’t want your content to be used, you can ask that it immediately delete the publication related to that content. If you wish to use material under the provisions that you provide, you can ask him to submit a written application.
However, if you have done that and the party concerned ignored it, you can send a takedown notice.
How to submit a Takedown Notice with DMCA
This step can be done if someone does not have the true faith to delete your content after you file an objection.
Takedown Notice is a document that contains your statement about copyright infringement that you experienced. You must complete the report with evidence of violations.
If you also want the search engine not to display search results with copyrighted material, you can notify the party
What information should be included in your takedown notice document?
Make sure the data is complete and adequately written so that the hosting party can contact you again. For example, when you send it to Facebook.
Evidence that corroborates that you own the content.
If there is more than one content, you can send information simultaneously so that it can be processed faster.
A statement is stating that you believe that content violation has occurred on the third point you mentioned.
The signature you affixed to the document that you sent. Or, the third party you appoint represents you regarding the matter.
You have to wait for the process to run. The party you notify will carry out obligations according to the provisions of the DMCA.
Remember, the submissions you make through this takedown notice are entirely your responsibility. If something goes wrong, it could have legal implications for you. We suggest that you carefully review your documents before sending them.
Besides, some services have provided forms for submitting takedown notifications. So, you don’t need to set up your email. Some of these services include Facebook, Twitter, Instagram, and Youtube.
The digital content that you publish is valuable intellectual work. Therefore, the protection of the content is necessary.
The DMCA is a rule that helps you protect the copyright of your digital content. If you find a violation by another party, you can report it. We have already explained the procedures for doing this.
However, if you register your website with the DMCA, you can put the DMCA protection logo. The existence of this logo can prevent content theft because you can easily report sites that stole your content.
Hopefully, this discussion about the DMCA can make you able to manage your content better.