Does the US #copyright law apply to Indian users of the internet? In today's digital era, where memes and reels are "remixed" and shared with ease across platforms — this is an important question. Thread: 1/n
internetfreedom.in/dmca-infringem…
internetfreedom.in/dmca-infringem…
Copyright issues are the biggest reason content is taken down!
96.2% takedown complaints received by Google related to copyright infringements, while Twitter restricted 684.6k accounts between July 2020 and December 2020 due to copyright complaints. 2/n
thewire.in/tech/google-mo…
96.2% takedown complaints received by Google related to copyright infringements, while Twitter restricted 684.6k accounts between July 2020 and December 2020 due to copyright complaints. 2/n
thewire.in/tech/google-mo…
Important: What is the DMCA and does it apply to Indians?
DMCA is the law that protects the intellectual property rights (IPR) of digital content creators. India was a signatory to the WIPO Copyright Treaty ('96) — this has put the DMCA at par with other domestic IPR laws. 3/n
DMCA is the law that protects the intellectual property rights (IPR) of digital content creators. India was a signatory to the WIPO Copyright Treaty ('96) — this has put the DMCA at par with other domestic IPR laws. 3/n
What content can a DMCA notice take down?
Basically, any content that violates users' IPR. Platforms proactively monitor copyright violations + have rapid response mechanisms, but increasing automation & rising requests have increased errors + stifled speech & expression. 4/n
Basically, any content that violates users' IPR. Platforms proactively monitor copyright violations + have rapid response mechanisms, but increasing automation & rising requests have increased errors + stifled speech & expression. 4/n
To be accepted, a DMCA complaint must:
a. be authorised by the signature of the complainant.
b. identify the copyrighted & infringing material.
c. provide the contact information of the complainant.
e. provide a statement of good faith belief in support of the complaint. 5/n
a. be authorised by the signature of the complainant.
b. identify the copyrighted & infringing material.
c. provide the contact information of the complainant.
e. provide a statement of good faith belief in support of the complaint. 5/n
Finally, in case of a third party complaint, a statement of accuracy that authorises such action must be rendered. The international standards of fair use and free speech still remain as guiding principles for #BigTech platforms. 6/n
Do you have the right to appeal?
Yes! Platforms provide for counter appeals, and in India the #ITRules make it mandatory for notices to be provided before disabling account access, as well as an adequate and reasonable opportunity to dispute the decision to disable access. 7/n
Yes! Platforms provide for counter appeals, and in India the #ITRules make it mandatory for notices to be provided before disabling account access, as well as an adequate and reasonable opportunity to dispute the decision to disable access. 7/n
How can you guard against DMCA? Some industry best practices:
1. Check content license before forwarding + sharing (“all rights reserved” or “creative commons”?)
2. Political speeches, newsworthy material or content are fair use.
3. Plagiarism checkers & content match tools! 8/n
1. Check content license before forwarding + sharing (“all rights reserved” or “creative commons”?)
2. Political speeches, newsworthy material or content are fair use.
3. Plagiarism checkers & content match tools! 8/n
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