Online copyright infringement refers to the unauthorized use, reproduction, distribution, or display of copyrighted material on the internet without the permission of the copyright owner. It is important to understand the legalities surrounding online copyright infringement to ensure compliance with copyright laws and protect intellectual property rights.
Copyright Basics
Copyright is a legal protection granted to the creators of original works, such as literary, artistic, musical, or dramatic works. It gives the copyright owner exclusive rights to reproduce, distribute, display, perform, and create derivative works based on the original work. Copyright protection is automatic upon the creation of the work and generally lasts for the life of the author plus 70 years.
To learn more about copyright and its basics, you can visit the U.S. Copyright Office’s online reference page .
Online Copyright Infringement Liability Limitation Act (OCILLA)
The Online Copyright Infringement Liability Limitation Act (OCILLA) is a provision of the Digital Millennium Copyright Act (DMCA) in the United States. OCILLA creates a conditional “safe harbor” for online service providers (OSP), including internet service providers (ISP) and other intermediaries, by shielding them from direct and secondary liability for copyright infringement.
Under OCILLA, online service providers can be protected from monetary damages for copyright infringement if they meet certain requirements, such as adopting a policy for terminating repeat infringers and accommodating standard technological measures to protect copyrighted content .
One of the key provisions of OCILLA is the “notice and takedown” system. If an online service provider receives a proper notice from a copyright owner regarding infringing content, they are required to expeditiously remove or disable access to the content to maintain their safe harbor protection .
Legal Consequences of Online Copyright Infringement
Online copyright infringement can have legal consequences, including potential civil and criminal liabilities. Copyright owners have the right to take legal action against infringers to seek damages and injunctions to stop future infringement. In some cases, statutory damages may be available, which can range from a few hundred dollars to several thousand dollars per work infringed.
Additionally, copyright owners can submit takedown notices to online platforms, such as search engines, social media platforms, and file-sharing websites, to request the removal of infringing content. Online platforms often have their own policies and procedures for handling copyright infringement claims.
It is important to note that the legalities of online copyright infringement may vary between countries, as copyright laws differ internationally. Therefore, it is crucial to consult the copyright laws of the specific jurisdiction in question.
Deterrence and Enforcement
Efforts to deter online copyright infringement involve both legal and extralegal factors. Legal factors include the enforcement of copyright laws, the availability of legal remedies, and the potential legal consequences for infringers. Extralegal factors can include social norms, moral considerations, and the availability of legal alternatives for accessing copyrighted content .