Digital Millennium Copyright Act in the context of "Internet service provider"

The librarian of Congress is the head of the Library of Congress, appointed by the president of the United States with the advice and consent of the United States Senate, for a term of ten years. The librarian of Congress also appoints and oversees the Register of Copyrights of the U.S. Copyright Office and has broad responsibilities around copyright, extending to electronic resources and fair use provisions outlined in the Digital Millennium Copyright Act. The librarian determines whether particular works are subject to DMCA prohibitions regarding technological access protection. In addition, the librarian appoints the U.S. poet laureate and awards the Gershwin Prize for Popular Song.

The Register of Copyrights is the director of the United States Copyright Office within the Library of Congress, as provided by 17 U.S.C. § 701. The Office has been headed by a Register since 1897. The Register is appointed by, and responsible to, the Librarian of Congress, with the Register's office located in the Library's James Madison Memorial Building.

Although the title suggests a clerical role, Registers of Copyrights have been responsible for creating the procedures and practices of the Copyright Office and establishing standards for registration of copyright. They have increasingly been responsible for setting or influencing United States copyright policy. Today the Register is responsible for administering rulemaking procedures and producing authoritative interpretations of some aspects of U.S. copyright law, as well as advising the Librarian of Congress on the triennial proceeding on exceptions to the anticircumvention rules of the Digital Millennium Copyright Act. The Register also routinely testifies before Congress on copyright policy matters.

Digital rights management (DRM) is the management of legal access to digital content. Various tools or technological protection measures, such as access control technologies, can restrict the use of proprietary hardware and copyrighted works. DRM technologies govern the use, modification and distribution of copyrighted works (e.g. software, multimedia content) and of systems that enforce these policies within devices. DRM technologies include licensing agreements and encryption.

Laws in many countries criminalize the circumvention of DRM, communication about such circumvention, and the creation and distribution of tools used for such circumvention. Such laws are part of the United States' Digital Millennium Copyright Act (DMCA), and the European Union's Information Society Directive – with the French DADVSI an example of a member state of the European Union implementing that directive.

Notice and take down is a process operated by online hosts in response to court orders or allegations that content is illegal. Content is removed by the host following notice. Notice and take down is widely operated in relation to copyright infringement, as well as for libel and other illegal content.

In United States and European Union law, notice and takedown is mandated as part of limited liability, or safe harbour, provisions for online hosts (see the Digital Millennium Copyright Act 1998 and the Electronic Commerce Directive 2000). As a condition for limited liability online hosts must expeditiously remove or disable access to content they host when they are notified of the alleged illegality.