Digital Millennium Copyright Act (DMCA)
Commonly Asked Questions
- What is the DMCA? The Digital Millennium Copyright Act (DMCA) is a federal law that protects copyrighted material (music, books, movies, computer programs, etc.). The law was created when it became apparent that the ability to make perfect digital copies, duplicate and transmit them easily was leading to widespread piracy of the valuable work of artists, musicians and producers. This means the DMCA makes it illegal to copy and distribute copyrighted material (free or for a fee). For a more complete description, please visit https://www.riaa.com/resources-learning/about-piracy/. Consumer Reports also addressed this topic in 2017: https://www.consumerreports.org/televisions/the-risk-of-watching-pirated-game-of-thrones-episodes/
- Why should I care? Violation of DMCA carries strict and expensive penalties. A civil lawsuit could hold you responsible for thousands of dollars in damages. Criminal charges may leave you with a felony record, accompanied by up to five years of jail time and fines up to $250,000.
- What does MCTV do about DMCA violations? MCTV has certain responsibilities as an Internet Service Provider. Most notably from a consumer perspective, we are required to notify customers when MCTV receives notification from a copyright owner of an alleged infringement. MCTV also is required by federal law to “adopt and reasonably implement a policy of terminating in appropriate circumstances the accounts of subscribers who are repeat infringers.”
MCTV doesn’t monitor the online activities of customers. However, copyright owners do, and they send notices of alleged infringement to MCTV. MCTV has a policy to review these DMCA complaints. MCTV notifies customers when we receive these notices and encourages customers to resolve the notices. Pursuant to federal law, we will terminate service to those customers who exhibit a pattern of excessive and consistent abuse of copyrighted material. We will provide ample notice and information prior to discontinuing service. This is the very last thing we want to do. However, federal law required us to adopt and implement this policy.
During this process, MCTV does not share customer information with the copyright owners. Copyright owners do have the ability, through court subpoenas, to obtain customer information if they choose to pursue civil or criminal charges against an individual.
- What should I do about a complaint? It is important to note that resolving copyright infringement is a legal matter between the consumer and the copyright owner. MCTV cannot provide legal advice. Removing the files, and the program that caused the violation, may be a good start because failure to cease the alleged infringement activity could result in termination of your services.
- What is MCTV's policy regarding DMCA? Please refer to our customer agreement for more details: https://www.mctvohio.com/acceptable-use-policy
How to read a DMCA infringement complaint
To see all DMCA alleged infringement notices regarding your MCTV account, please complete the following steps:
- Visit https://www.MCTVOhio.com/dmca.
- Enter your MCTV account number to reveal a list of all infringement notices.
- Select any specific infringement for details about it, including:
- The name of the organization filing the complaint.
- Contact information for the complaining company.
- Date and time of infringement.
- The source of the infringement (program that was used).
- The content (movie, software, TV program, music, etc.).
- Name of the file.
Note that no customer specific information is included. That is done to protect your privacy.
How to respond to a DMCA complaint
The DMCA complaint is between you and the copyright owner. MCTV is unable to provide advice about how to respond to the complaint or whether you should seek legal counsel.
Claims of Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to MCTV’s designated agent, as follows:
Service Provider: Massillon Cable Communications, Inc.
Designated Agent: Katherine Gessner
Full Address: 814 Cable Court NW, Massillon, OH 44647
Email: firstname.lastname@example.org (This email address is designated to receive copyright infringement notices from copyright holders only. Do not send other messages to this email address. Click here to contact MCTV.)
To be effective, the notification must be a written communication that includes the following:
- A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disable, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.