Copyright infringement does not require intent to be liable for statutory damages up to $150,000 per infringement. Prior to 1998, Internet service providers were plagued with infringement litigation related to their Internet site content. The Digital Millennium Copyright Act (DMCA) remedied this difficulty by providing copyright infringement immunity to Internet service providers who registered as “interim” agents with the Copyright Office. On Dec. 1, the DMCA “interim” registration program was replaced. Failure to implement the replacement program will expose Internet site owners and providers to pre-1998 legal difficulties.
The DMCA is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). The DMCA’s principal benefit to Internet service providers is the exemption from direct and indirect liability for copyright infringement claims related to Internet site content.
