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moncler black fur hooded jacket men's International Laws on Digital Copyrights by Conor Breslin Peer-to-peer networking has made sharing digital material easier.

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With the advent of peer-to-peer networking on the Internet, sharing copyrighted material has become a major concern for copyright holders. Music and movies are downloadable within minutes as a result of faster Internet connection speeds, while sophisticated search engines link private computers across the globe, allowing them to trade digital files. It is difficult to regulate the dissemination of such digital material in a harmonious way, with different copyright laws in each jurisdiction; however, several international agreements attempt to reduce digital copyright infringement.

WIPO Copyright Treaty

The World Intellectual Property Organisation Copyright Treaty is an international treaty governing copyright that was adopted by the 185 member states of WIPO in 1996. It contains protections for digital copyrights. As well as protecting computer programs as literary works, the treaty prohibits circumvention of technological measures for the protection of works. This treaty marked the first attempt by the WIPO member states to implement a uniform international legal code to protect digital copyrights.

The Digital Millennium Copyright Act

The WIPO Copyright Treaty was implemented in the United States by the Digital Millennium Copyright Act, which became law in 1998. The DMCA criminalizes technology, devices or services that are designed to facilitate the illegal sharing of copyrighted material; statutes like this are known as anti-circumvention laws. The Act also exempts Internet service providers and other intermediaries from direct and indirect liability for copyright infringement.

Electronic Commerce Directive EU

The exemption of liability for ISPs was adopted throughout Europe in 2000 with the EU Electronic Commerce Directive. This directive established the liability of various categories of intermediary. For example, a service that is a mere conduit in transmitting digital copyrights between parties will have no liability, provided it doesn't initiate the transmission, select the receiver of the transmission or select or modify the information contained in the transmission. When a service is hosting digital material -- storing that material on its service -- the service shall not be liable for copyright infringement provided that it has no knowledge that copyrighted material is being hosted and that it acts quickly to remove it once it has been made aware of the infringement.

Copyright Directive

The Copyright Directive implemented the WIPO Copyright Treaty across Europe in 2001. This directive addressed digital copyrights by requiring that European member states provide adequate anti-circumvention laws to prevent technological services from being used to illegally distribute copyrighted digital material. The Copyright Directive further extends to providing "copy protection," meaning that unlike under the DMCA, no fair use defense can be raised by individuals who duplicate digital material that is copyrighted.

Other Jurisdictions

Most countries have introduced their own legal regime to deal with the technological advances of the past few years. In China, for example, digital copyrights are regulated by the Measures for Registration of Copyright in Computer Software. These regulations, introduced in 2002, removed the requirement for computer software to be registered before legal proceedings on infringement could be brought. In New Zealand, the Copyright (New Technologies) Amendment Act 2008 extends the liability of ISPs for copyright infringement. South Korea introduced the Korean Copyright Act 2009, allowing the Korean Copyright Commission to request that ISPs suspend the accounts of repeat file sharing offenders.

References (5) WIPO: Member States European Commission: E-Commerce Directive EURLEX: Directive 2001/29/EC Lehman, Lee & Xu: PRC Registration of Copyright in Computer Washington Journal of Law: The "Three Strikes" Policy in Korean Copyright About the Author

Conor Breslin is a solicitor in the Republic of Ireland. He holds a Bachelor of Laws degree, as well as a degree in corporate law, after which he qualified as a solicitor with the Law Society. Breslin has authored many legal papers and essays, often covering intellectual property and human rights.

Photo Credits Burke/Triolo Productions/Brand X Pictures/Getty Images Suggest an Article Correction

Digital Millennium Copyright Act (DMCA) Policy Home → Resources → Digital Millennium Copyright Act (DMCA) Policy

Oral Allergy Syndrome Network respects the intellectual property of others and is in compliance with Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c). In accordance with the Digital Millennium Copyright Act (DMCA), it is our policy to respond to any copyright and/or applicable property law infringements submitted to Oral Allergy Syndrome Network’s DMCA Office. If you believe that your copyrighted work has been copied or posted in a way that constitutes copyright infringement on our site or if links to your copyrighted material is returned through our search engine and you want this material removed you may notify our copyright agent in writing. For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:

The following elements must be included in your copyright infringement claim:

Sufficient contact information so that we may contact you, such as an address, fax number, and telephone number. You must also include a valid email address. Identify in sufficient detail the copyrighted work claimed to have been infringed. For infringement via our search engine provide at least one search term under which the material appears. Identification of the infringing material to be removed, and information reasonably sufficient to permit the service provider to locate the material. Please submit the URL of the page in question to assist us in identifying the allegedly infringed work. A statement that the complaining party “in good faith believes that use of the material in the manner complained of is not authorized by copyright owner, its agent, or law.” A statement that the “information in the notification is accurate”, and “under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.” Please provide proof of authorization if acting on behalf of the copyright owner. A physical or electronic signature of the copyright owner or someone authorized to act on behalf of the owner.

Submit the above information by email to the DMCA office at:

Email: contactus@ .

Subject line to read: DMCA Office

Please be aware that under federal law, if you knowingly misrepresent information listed on our site that is infringing on your copyrights, you will be liable for civil penalties. These include monetary damages, court costs, and attorney’s fees incurred by Oral Allergy Syndrome Network, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury. We suggest that you first contact an attorney for legal assistance on this matter.

Please allow 1-2 business days for an email response. Note that emailing your complaint to other parties such as our Internet Service Provider will not expedite your request and may result in a delayed response due the complaint not properly being filed.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

Counter Notification – Restoration of Material

If you have received a notice of material being takedown because of a copyright infringement claim, you may provide us with a counter notification in an effort to have the material in question restored to the site. Said notification must be given in writing to our DMCA Office and must contain substantially the following elements pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c):

Your physical or electronic signature. A description of the material that has been taken down and the original location of the material before it was taken down. A statement under penalty of perjury that you have a “good faith belief” that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which the address is located (or if you are outside of the United States, that you consent to jurisdiction of any judicial district in which the service provider may be found), and that the you will accept service of process from the person or company who provided the original infringement notification. Email your counter notice to our DMCA Office: contactus@ , subject line to read: DMCA office.


Oral Allergy Syndrome Network reserves the right to modify the contents of this page and its policy for handling DMCA claims at any time for any reason. You are encouraged to check back to review this policy frequently for any changes.

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