DMCA
- What is the Digital Millennium Copyright Act?
The Digital Millennium Copyright Act (DMCA) is a controversial
United States copyright law which criminalizes production
and dissemination of technology that can circumvent measures
taken to protect copyright, not merely infringement of
copyright itself, and heightens the penalties for copyright
infringement on the Internet. Passed on May 14, 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 US Code to extend the
reach of copyright, while limiting the liability of Online
Providers from copyright infringement by their users.
On March 10, 2004 the European Union passed some legislation
similar to the US Digital Millennium Copyright Act.
DMCA Title I: WIPO Copyright and Performances and Phonograms
Treaties Implementation Act
Main article: WIPO Copyright and Performances and Phonograms
Treaties Implementation Act
DMCA Title I has two major portions, one of which includes
works covered by several treaties in US copy prevention laws
and gave the title its name and the other which is often
known as the DMCA anti-circumvention provisions. The latter
implemented a broad ban on the circumvention of copy prevention
systems and required that all analogue video recorders have
copy prevention built in.
DMCA Title II: Online Copyright Infringement Liability Limitation
Act
Main article: Online Copyright Infringement Liability Limitation
Act (OCILLA)
DMCA Title II creates a safe harbor for online service providers
(OSPs, including ISPs) against copyright liability if they
promptly block access if they receive a notification from
a copyright holder or their agent. It also includes a counter-notification
which requires restoration of the material and a provision
for subpoenas to identify alleged infringers.
DMCA Title III: Computer Maintenance Competition Assurance
Act
DMCA Title III modified section 117 (http://www4.law.cornell.edu/uscode/17/117.html)
of copyright law so that those repairing computers could
make certain temporary, limited copies while working on a
computer.
DMCA Title IV: Miscellaneous Provisions
DMCA Title IV contains an assortment of provisions:
Clarified and added to the duties of the Copyright Office.
Added ephemeral copy for broadcasters provisions, including
certain statutory licenses.
Added provisions to facilitate distance education.
Added provisions to assist libraries with keeping copies
of sound recordings.
Added provisions relating to collective bargaining and the
transfer of movie rights.
DMCA Title V: Vessel Hull Design Protection Act
DMCA Title V added sections 1301 (http://www4.law.cornell.edu/uscode/17/1301.html)
through 1332 (http://www4.law.cornell.edu/uscode/17/1332.html)
to add protection for boat hull designs.
As useful articles whose form cannot be cleanly separated
from their function, boat hull designs were formerly not
protected under copyright law.
http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
