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- In a statement, Twitter said, “We can confirm that the Honourable Minister’s account access was temporarily restricted due to a DMCA (Digital Millennium Copyright Act) notice only and the referenced tweet has been withheld.“
Sony Music complained against Ravi Shankar Prasad to Twitter alleging copyright violation
- The complaint alleging a copyright violation that was sent to Twitter against Ravi Shankar Prasad was sent on behalf of Sony Music Entertainment by the International Federation of the Phonographic Industry (IFPI).
Digital Millennium Copyright Act (DMCA).
- The DMCA oversees the implementation of two 1996 treaties signed by World Intellectual Property Organisation (WIPO) member nations.
- The Digital Millennium Copyright Act, or DMCA, is a 1998 law passed in the US and is among the world’s first laws recognising intellectual property on the internet
- Signed into law by the then US President Bill Clinton, the law oversees the implementation of the two treaties signed and agreed upon by member nations of the World Intellectual Property Organisation (WIPO) in 1996.
WIPO members had in December 1996 agreed upon two treaties, namely the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty.
- Both the treaties require member nations and signatories to provide in their respective jurisdictions, protection to intellectual property that may have been created by citizens of different nations who are also co-signatories to the treaty.
- The said protection, accorded by each member state, must not be any less in any way than the one being given to a domestic copyright holder. Further, it also obligates that signatories to the treaty ensure ways to prevent circumvention of the technical measures used to protect copyrighted work. It also provides the necessary international legal protection to digital content.
- To bring to task the unauthorised copiers, the members of WIPO, which was established in 1967, also agreed to extend the copyright and intellectual property protection to digital content.
- As of date, 193 nations across the world, including India, are members of WIPO.
Who can generate a DMCA notice and how are they sent to companies or websites?
- Any content creator of any form, who believes that their original content has been copied by user or a website without authorisation can file an application citing their intellectual property has been stolen or violated.
- Users can either approach the website on which the content has been hosted, or third party service providers like DMCA.com, which utilise a team of experts to help take down the stolen content for a small fee.
- In the case of social media intermediaries like Facebook, Instagram or Twitter, content creators can directly approach the platform with a proof of them being original creators. Since these companies operate in nations which are signatories to the WIPO treaty, they are obligated to remove the said content if they receive a valid and legal DMCA takedown notice.
- The World Intellectual Property Organization is one of the 15 specialized agencies of the United Nations (UN).
- WIPO was created to promote and protect intellectual property (IP) across the world by cooperating with countries as well as international organizations.
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