Digital Millennium Copyright Act
|
|
de:Digital Millennium Copyright Act pl:DMCA fr:Digital millennium copyright act ja:デジタルミレニアム著作権法 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 the EU Copyright Directive or EUCD, similar in many ways to the DMCA.
| Contents |
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.
Reform
There are efforts in Congress to modify the Act. Rick Boucher, a Democratic congressman from Virginia, is leading one of these efforts by introducing the Digital Media Consumers’ Rights Act (DMCRA).
A prominent bill related to the DMCA is the Consumer Broadband and Digital Television Promotion Act (CBDTPA), known in early drafts as the Security Systems and Standards Certification Act (SSSCA). This bill, if passed, would deal with the devices used to access digital content and would be even more restrictive than the DMCA.
See also
- Benefit Authors without Limiting Advancement or Net Consumer Expectations (BALANCE) Act of 2003
- The "No Electronic Theft" (NET) Act
- The "Inducing Infringement of Copyrights Act" (INDUCE) Act
- Pirate Act
- Chamberlain v. Skylink
- Universal v. Reimerdes
External links
- Copyright Law of the United States of America (Library of Congress) (http://www.loc.gov/copyright/title17/)
- DMCA Information (http://www.tuxers.net/dmca/)
- EFF: DMCA Archive (http://www.eff.org/IP/DMCA/)
- Google's DMCA policy (http://www.google.com/dmca.html)
- Rep. Rick Boucher's website (http://www.house.gov/boucher/)
- Text of the DMCA (http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281:)
- Title 17 of the U.S. code (http://www.law.cornell.edu/uscode/17/)
- Senate DMCA Vote by Senator Name, Vote Position, and Home State (U.S. Senate Roll Call Votes - 105th Congress - 2nd Session - Vote 137) (http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=105&session=2&vote=00137)
- Cybertelecom's DMCA Information and Background Material (http://www.cybertelecom.org/ip/dmca.htm)