Digital Millennium Copyright Act (DMCA)

The Digital Millennium Copyright Act of 1998 (DMCA) Title 17 U.S.C. is a federal law that enforces penalties for online copyright infringement. There are both civil and criminal penalties for violations of the DMCA.

§ 1204. Criminal Penalties

(a) In General. Any person who violates section 1201 or 1202 willfully and for purposes of commercial advantage or private financial gain
     (1) shall be fined not more than $500,000 or imprisoned for not more than 5 years, or both, for the first offense; and
     (2) shall be fined not more than $1,000,000 or imprisoned for not more than 10 years, or both, for any subsequent offense.
(b) Limitation for Nonprofit Library, Archives, or Educational Institution. Subsection (a) shall not apply to a nonprofit library, archives, or educational institution.
(c) Statute of Limitations. No criminal proceeding shall be brought under this section unless such proceeding is commenced within 5 years after the cause of action arose.

§ 1203. Civil Penalties

DMCA allows the copyright owner to to be awarded actual damages or may elect to recover an award of statutory damages for each violation in the sum of not less than $200 or more than $2,500 per act, as the court considers just. At anytime before judgment the complaining party may elect to recover damages of not less than $2,500 or more than $25,000.

§ 506. Criminal Offenses

(d) Any person who, with fraudulent intent, removes or alters any notice of copyright appearing on a copy of a copyrighted work shall be fined not more than $2,500 per violation up to $25,000.


 
 



The
World Intellectual Property Organization (WIPO) is a specialized agency of the United Nations. The United States is a member state of the WIPO.
The WIPO Copyright Treaty mandates establishing policies and penalties, and in compliance the US implemented the Digital Millennium Copyright Act .

 

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