Understanding our nation’s copyright law is important, but also complex. Re:Create’s glossary of key copyright terms is a resource to help promote informed discussions about copyright policy.

Digital Millennium Copyright Act (DMCA): Congress passed the DMCA in 1998 to update U.S. copyright law for the digital age. The DMCA attempts to strike a balance between copyright holders, internet platforms, and consumers, establishing a foundational framework for limiting online copyright infringement while still accommodating free expression and innovation. The two main elements of the DMCA were a new protection for so-called “technological protection measures” (digital locks used to prevent unauthorized use or sharing of digital content) and a safe harbor for internet platforms who comply with a notice-and-takedown framework. 

Why it Matters: Both sides of the DMCA bargain have worked out well for copyright holders. Digital locks give them added protection in distributing digital works, and the notice and takedown framework gives them a fast-track to takingdown allegedly infringing content offline without the time and trouble of a lawsuit. Internet platforms and their users have also benefited: the ecosystem of independent creators and fans finding each other on sites like YouTube, TikTok, and Instagram would’ve been impossible without the DMCA’s protection. As lawmakers consider new regulations modeled in part on the DMCA’s notice-and-takedown regime, they should look to the history of the legislation and consider the concerns of all stakeholders to ensure they learn the right lessons from the quarter-century of experience we’ve had with this landmark legal framework.