DMCA stands for Digital Millennium Copyright Act. This U.S.-based copyright law was passed in 1998 and implements two different World Intellectual Property Organization (WIPO) treaties. These treaties are the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.

The DMCA is made up of five separate titles that work to protect copyrights.

We’ll show you when the DMCA applies to your business and what you need to do to comply with its requirements.

DMCA Clauses and Notices

A DMCA clause in a Terms and Conditions agreement informs copyright authors that you (your company) will respond to takedown notices and remove any infringing content if that content is copyright infringement) – the agreement that users should agree to when they register an account with you – specify and inform users that any content they post, create or make available through your website must be their own, i.e. they must own the rights to that content.

Usually this kind of section in most Terms and Conditions agreements is added at the Content clause, but you may also find a separate DMCA Notice clause in the agreement.