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DMCA notices for protection of intellectual property online

  • Category
    Polity & Governance
  • Published
    6th Jul, 2021

Union Minister for Electronics and Information Technology and Law and Justice Ravi Shankar Prasad is alleged to be a violator of the Digital Millennium Copyright Act (DMCA).

Context

Union Minister for Electronics and Information Technology and Law and Justice Ravi Shankar Prasad is alleged to be a violator of the Digital Millennium Copyright Act (DMCA).

About

What is DMCA?

  • The Digital Millennium Copyright Act, or DMCA, is a 1998 law passed in the US.
  • It is among the world’s first laws recognizing intellectual property on the internet.
  • The DMCA oversees the implementation of two 1996 treaties signed by World Intellectual Property Organisation (WIPO) member nations. The two treaties are namely:
    • The WIPO Copyright Treaty
    • The WIPO Performances and Phonograms Treaty
  • Both the treaties protect intellectual property that may have been created by citizens of different nations who are also co-signatories to the treaty.
  • It also provides the necessary international legal protection to digital content.

What is Intellectual Property?

  • Intellectual property (IP) refers to creations of the mind, such as inventions; literary and artistic works; designs; and symbols, names and images used in commerce.
  • IP is protected in law by, for example, patents, copyright and trademarks, which enable people to earn recognition or financial benefit from what they invent or create.
  • By striking the right balance between the interests of innovators and the wider public interest, the IP system aims to foster an environment in which creativity and innovation can flourish.

Who can generate a DMCA notice?

  • Any content creator of any form, who believes that their original content has been copied by the user or a website without authorization can file an application citing their intellectual property has been stolen or violated.
WIPO and its protection of content on the internet
  • WIPO is the global forum for intellectual property (IP) services, policy, information, and cooperation.
  • It is a self-funding agency of the United Nations, with 193 member states.
  • Its mission is to lead the development of a balanced and effective international IP system.
  • Its mandate, governing bodies, and procedures are set out in the WIPO Convention, which established WIPO in 1967.
  • India is also a member of WIPO.
  • To tackle the problem of content copying from the website, WIPO agreed to extend the copyright and intellectual property protection to digital content.

 

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