Digital Millennium Copyright Act (DMCA)
What is DMCA?
The Digital Millennium Copyright Act (DMCA) of 1998 seeks to balance the interests of Internet service providers (ISPs) and copyright holders in the digital space. The DMCA protects ISPs from liability for copyright infringement by their users, provided they follow specific legal requirements. Key provisions include:
- Prompt removal of infringing content upon notice.
- Implementation of policies to address repeat infringers.
- Accommodation of technical measures used by copyright owners to protect their works.
Notably, the DMCA safeguards only the ISP, not the users who infringe copyrights.
Compliance with Copyright Laws and Consequences of Violations
Under U.S. copyright law and the DMCA, ISPs like Trinity and its subcontractors must act when users violate copyright laws. All members of the Trinity College community must comply with software use laws and legal agreements. Failure to do so may result in financial penalties, criminal charges, and other legal consequences. Additionally, violations may lead to disciplinary action under College policies.
Trinity’s Response to Copyright Infringement Complaints:
Trinity responds promptly to copyright infringement complaints from organizations such as the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), the Interactive Digital Software Association (IDSA), and the Business Software Alliance (BSA). For more information, refer to Trinity’s Acceptable Use Policy, which applies to all students, faculty, and staff using the Trinity network.
- Legal Alternatives to Unauthorized Downloading: Legal Sources of Online Content
Learn More About Copyright Laws and Enforcement:
- The Software & Information Industry Association “Anti-Piracy” page
- The Recording Industry Association of America’s “Anti-Piracy” page
Adhering to copyright laws helps protect both creators’ rights and the integrity of the Trinity College community.
Penalties
Violation of the DMCA may carry substantial civil and financial penalties. The minimum fine for a downloaded file is $750, while criminal penalties may be up to $250,000 and five years in prison.