First, read this:
The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of on-line services for copyright infringement by their users.
The DMCA’s principal innovation in the field of copyright, the exemption from direct and indirect liability of internet service providers and other intermediaries, was adopted by the European Union in the Electronic Commerce Directive 2000. The Copyright Directive 2001 implemented the 1996 WIPO Copyright Treaty in the EU.
Google asserted misuse of the DMCA in a filing concerning New Zealand’s copyright act, quoting results from a 2005 study by Californian academics Laura Quilter and Jennifer Urban based on data from the Chilling Effects clearinghouse. Takedown notices targeting a competing business made up over half (57%) of the notices Google has received, the company said, and more than one-third (37%), “were not valid copyright claims.”
The original purpose of copyright laws was to protect creativity by allowing artists, both of visual arts and music, to make their fair share of money from selling their own creations. It is certainly unethical for anyone to claim another’s original work as his own and then make a profit from that work being sold.
Too often, however, what happens is that people wanting to censor a viewpoint they find offensive make claims based on their interpretation of the DMCA to claim copyright infringement that is not valid or, even if technically valid, really is not fair at all.
Here is a perfect example. Watch this video by YouTube user cdk007:
Did you enjoy it? Maybe if you were a younger person you were bored by the classical music track that was used for it. But in fact, that was not the original music that was used for the video. Instead, cdk007 used this music first:
That DOES sound 100% better, in my opinion. But soon after cdk007 posted the video about evolution, he was slapped with a DMCA takedown notice and he was forced to replace the soundtrack. But he never claimed the song “Jesus of Suburbia” was his creation, nor did he make money from that video. I doubt that Green Day, the artist that made the song, was to blame for what happened, it seems so unlike them!
What happened in this case was de facto censorship. The DMCA actually SUPPRESSES creativity and freedom of speech and it should be repealed.