Protecting Merchandise via the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA) is a law passed by Congress in 1998 meant to protect copyrights on the internet and other digital media formats. [1]

The DMCA contains several provisions that help to protect copyright holder’s rights abroad as well as a procedure for copyright holders to initiate “takedowns” of counterfeit merchandise.

The takedown provision gives rights holders legal recourse for infringing content that appears on the internet. Rights owners need to know how best to utilize the DMCA to remain in control of your merchandise.

There are very specific instructions that the DMCA requires of every take down notice. It is possible for artists to produce a notice for themselves, however there could be penalties if the exact format is not followed. [2]  The possibility of incurring penalties often has a chilling effect on artists.

Once the takedown notice is received by the service provider on the host page, they must take down the infringing content within ten or fourteen days. At this point, the content is down, thus pushing more traffic back to your content and links to your authorized merchandise sellers.

Infringers may fire back using the counter-notice, however this rarely what occurs. [3][4]

Digital Millennium Copyright Act

Protecting your merchandise via the Digital Millennium Copyright Act

This is only the surface of how you can use the DMCA to your advantage to protect the online sales of your merchandise.

There are many other ways you can protect your merchandise online.

Contact us today in order to discuss what we can do to help protect your merchandise from counterfeiters selling online: 1-877-9-SELLER.


Digital Millennium Copyright Act
[1] 17 Digital Millennium Copyright Act, 17 U.S.C.A.  § 101 (West, through P.L. 115-173. Title 26 current through 115-174)
[2] Digital Millennium Copyright Act, 17 U.S.C.A. § 512 (f) (West, through P.L. 115-173. Title 26 current through 115-174)
[3] Jeffrey Cobia, DMCA Takedown Notice Procedure: Misuses, Abuses & Shortcomings of the Process, 10 Minn. J.L. Sci. & Tech. 387, 391 (2009)
[4] DMCA, 17 U.S.C.A. § 512 (3) (West, through P.L. 115-173. Title 26 current through 115-174)

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