What is DMCA? Functions & How to Register to Protect Website

If my best friend is a content creator, DMCA is an important thing that you must know. The reason is, DMCA has a function to provide protection to your content from plagiarists. So, what exactly is DMCA?

The DMCA stands for the Digital Millennium Copyright Act, which is a law regarding copyright infringement on digital works. Maybe some of you are still very unfamiliar with this rule, right?

Therefore, below we have reviewed in full the meaning of DMCA, its functions, how to register, and things to consider before using it. Come on, watch to the end!

What is DMCA?

In general, the definition of DMCA is a legal regulation regarding the copyright of digital works which was initiated in October 1998 in the United States. In other words, the DMCA or Digital Millennium Copyright Act regulates any copyright infringement against the production and distribution of a software.

Thus, it can be said that the DMCA is a rule that provides protection and security guarantees for digital content from fraud, such as plagiarizing, stealing, or even recognizing your work as property.

style="font-weight: 400;">In this case, the digital work refers to someone’s creation, whether it be an image, video, photo, text, or the like that is compiled into a digital format. The formats include .doc, .pdf, .ppt, .mp4, .jpg, .xls, .wmv, and others.

When detailed, the scope of the DMCA is as follows.

1. Fair Use

Although the function of the DMCA is to protect against copyright infringement, it does not mean that your content cannot be used. This is because the Fair Use law applies which allows freedom of opinion, where you can use other people’s works without permission for a limited purpose.

style="font-weight: 400;">Usually, in the case of Fair Use, the use of the content is not intended for profit or financial gain. For example, when you want to write a review about some YouTube content, you definitely need to show a little snippet from the video. Well, the use of some content without this kind of permission is not considered cheating even though there is a copyright in the video.

id="2-safe-harbor">2. Safe Harbor

There are also Safe Harbor rules that provide protection to third parties in the utilization of digital content, such as internet providers, google search, or hosting service providers.

Yes, not only for a creator, the function of the DMCA is at the same time protecting these third parties from being punished for violations. For example, when you are a content creator, then your work is plagiarized and published on YouTube by someone.

So, based on this law, YouTube as a provider cannot be prosecuted for any fraud that occurs.

id="fungsi-dmca">DMCA function

From the explanation above, it can be concluded that the function of the DMCA is to protect all digital works from fraud. The other functions of the DMCA are as follows.

  • Makes your content difficult to plagiarize or steal.
  • Conduct searches for illegal plagiarized works through special content scanning tools.
  • Provide watermarks or request copyright information for digital images.
  • Save money and time because you no longer have to bother with copyright issues.

How to Register DMCA on the Website

To get DMCA protection, Buddy Jagoan needs to activate it first on your website by registering. The procedure for registering the DMCA is as follows.

1. Complete Personal Data

First, visit the dmca.com page via the https://www.dmca.com/ link or search for it manually in a search engine. After that, complete your personal data, starting with your first and last name, and email address.

Next, you will be asked to choose a logo to display on your website. Because there are various options, just try to adjust which logo fits the appearance of your website.

id="3-salin-kode">3. Copy Code

Then, you will be asked to copy a code to the destination website. Just put the code in the footer or bottom area of ​​the website and also on certain pages that you want to secure.

The presence of the DMCA symbol is a sign that the copyright of the content is protected, so you can sue the party who committed the fraud. Finally, after registration is complete, don’t forget to verify if the system is working properly.

How to File DMCA TakeDown Notices

It doesn’t just stop there, Buddy Jagoan can also send DMCA takedown notices to eliminate an upload if your content is stolen or plagiarized by someone. Especially if the perpetrator of the fraud does not intend to delete it himself even though you have submitted a complaint.

The DMCA takedown is the act of getting rid of content that is proven to be fraudulent. To use this DMCA takedown service, you must first fill out a violation statement document. These statements are known as DMCA takedown notices.

Later, DMCA takedown notices will be sent to the hosting service provider accompanied by evidence of fraud. The contents of this statement document include:

  • Personal data, such as the name to contact information of the copyright owner.
  • Proof of content ownership and copyright.
  • Information about illegal content that cheats on your karga.
  • A statement regarding your full confidence that the content in question is true has been fraudulent according to the points above.
  • Signature of the copyright owner or designated representative.

Read also: These 10 Best PC & Android Video Editing Apps, Easy!

Prerequisites for Using DMCA TakeDown Service

Given that DMCA takedown notices are entirely your responsibility, it’s a good idea for Buddy Jagoan to pay attention to the following things.

1. Make sure there is a violation

As explained earlier, there are several conditions that allow the use of copyrighted content without permission, such as Fair Use. In this case, you cannot use the DMCA takedown service because the use of the content is limited and for certain purposes.

Therefore, it is very important for Buddy Jagoan to understand what Fair Use is and also make sure if there is a violation of your content.

2. Contact the Offender

When you have confirmed that someone is cheating, try to find out any contact information regarding the perpetrator of the violation. Then, call in advance to raise objections and ask them to take them down immediately.

In addition, you can also require the party to make a written request if you allow the use of content with certain provisions. If in the end all of these actions are ignored, then you have the right to file DMCA takedown notices.

How to Overcome DMCA TakeDown Notices

Then, what happens if it turns out that you get DMCA takedown notices from someone? The ways to overcome DMCA are as follows.

1. Check and Understand First

When you get DMCA takedown notices, try to read the notice carefully. Don’t forget to note down important things that are conveyed in it, including the sender’s contact information to be contacted.

If in fact you do violate the DMCA as stated, then inevitably you are obliged to comply with the law by lowering the publication of related content. However, otherwise, you can do a Counter-Notice or refute the accusation.

2. Consider Counter-Notice

Counter-Notice is a disclaimer stating that you have not committed a violation as alleged in takedown notices. If you want to apply, it is very important that you consider this carefully.

The reason is, the counter-notice will be immediately responded to by the reporting party for a maximum of 10 days and then taken to legal channels. If the time limit has passed, your content will be restored again.

Then, how to make a counter-notice? If you are completely sure, you can send a Counter-Notice to the relevant service provider by attaching the following points.

  • Complete personal data.
  • A statement that the content is not the result of fraud.
  • A description of the content deemed to be in violation of the DMCA.
  • Signature.

Thus a discussion of what DMCA is, its functions, how it works, and things you should pay attention to before using it. Even though the DMCA is a law made in America, it doesn’t mean that this kind of copyright protection doesn’t apply in Indonesia, bro.

The reason is, DMCA can continue to work as it should regardless of regional boundaries as long as the content is stored on American-owned servers. In fact, a number of countries also have laws that are not much different from the DMCA. Hope it is useful!