Intellectual Property

The Stored Content Safe Harbor Provision of the Digital Millennium Copyright Act

US Copyright Law To appreciate the Digital Millennium Copyright Act (DMCA), it’s important to understand the broader copyright scheme. Copyright law protects a broad range of literary and artistic expression, including written works, photography, and videos. An owner of copyright protected material has the exclusive right to (1) make copies, (2) prepare derivative works, (3) sell and distribute the original and all copies or derivative works, and (4) perform and display the work. Copyright holders also have moral rights, including attribution rights and the right to prevent distortion.

What is the DMCA? Enacted in 1998, the DMCA is a United States law aimed at protecting intellectual property and preventing copyright infringement. The DMCA is a response to increasingly widespread internet usage and rapidly...

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Business Startup

Privacy Policies in the U.S.

A privacy policy discloses some or all of the ways a company gathers, uses, discloses and manages customer data. Businesses that collect personal information from customers should adopt a comprehensive privacy policy in order to maintain full disclosure.

There is currently no specific federal regulation establishing universal implementation of privacy policies in the United States (U.S.). However, the Federal Trade Commission (FTC) enforces terms of privacy policies under Section 5 of the FTC Act which prohibits unfair or deceptive marketing practices. The FTC’s Fair Information Practice Practices provide details relating to critical issues that should be covered by a company’s privacy policy, including notice, choice, access, security, and enforcement.

Notice: data collectors must disclose their information practices before collecting personal information from...

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