Digital Millennium Copyright Act digital millennium copyright act us code

Digital Millennium Copyright Act Learn more about Digital Millennium Copyright Act Jump to: navigation , search Image:Great Seal of the US.png Digital Millennium Copyright Act Full title To amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes. Acronym/Colloquial name DMCA Enacted by the 105th Congress Effective Date October 28 , 1999 Citations Public Law Pub. L. 105-304 U.S. Statutes at Large 112 Stat. 2860 (1998) Codification Act(s) amended Copyright Act of 1976 Title(s) amended 5 (Government Organization and Employees); 17 (Copyrights); 28 (Judiciary and Judicial Procedure); 35 (Patents) United States Code sections created 17 U.S.C. §§ 512, 1201-1205, 1301-1332; 28 U.S.C. § 4001 United States Code sections substantially amended 17 U.S.C. §§ 101, 104, 104A, 108, 112, 114, 117, 701 Legislative history Introduced in the House of Representatives as H.R. 2281 by Rep. Howard Coble ( R - NC ) on July 29 , 1997 Committee consideration by: House Judiciary Committee (Subcommittee on Courts and Intellectual Property); House Commerce Committee (Subcommittee on Telecommunications, Trade, and Consumer Protection) Passed the House on August 4 , 1998 (voice vote) Passed the Senate on September 17 , 1998 (unanimous consent) Reported by the joint conference committee on October 8 , 1998 ; agreed to by the Senate on October 8 , 1998 (unanimous consent) and by the House on October 12 , 1998 (voice vote) Signed into law by President Clinton on October 28 , 1998 Major amendments None

The Digital Millennium Copyright Act (DMCA) is a United States copyright law which criminalizes production and dissemination of technology whose primary purpose is to circumvent measures taken to protect copyright, not merely infringement of copyr nxkvydal. outlet moncler new yorkight itself, and heightens the penalties for copyright infringement on the Internet. Passed on October 8 , 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 May 22 , 2001 , the European Union passed the EU Copyright Directive or EUCD, similar in many ways to the DMCA.

Contents 1 Provisions 1.1 DMCA Title I: WIPO Copyright and Performances and Phonograms Treaties Implementation Act 1.2 DMCA Title II: Online Copyright Infringement Liability Limitation Act 1.3 DMCA Title III: Computer Maintenance Competition Assurance Act 1.4 DMCA Title IV: Miscellaneous Provisions 1.5 DMCA Title V: Vessel Hull Design Protection Act 2 Exemptions 3 Reform and opposition 3.1 Example of DMCA Takedown Provision 4 Notes 5 References 6 See also 7 External links 7.1 DMCA information 7.2 DMCA 512 Notification Policies, Exemplars, and Information [ edit ] Provisions [ edit ] DMCA Title I: WIPO Copyright and Performances and Phonograms Treaties Implementation Act

DMCA Title I, the WIPO Copyright and Performances and Phonograms Treaties Implementation Act 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 analog video recorders have copy prevention built in.

[ edit ] DMCA Title II: Online Copyright Infringement Liability Limitation Act

DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA") creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material (or remove such material from their systems) if they receive a notification claiming infringement from a copyright holder or the copyright holder's agent. OCILLA also includes a counter-notification provision that offers OSPs a safe harbor from liability to their users, if they restore the material upon notice from such users claiming that the material in question is not, in fact, infringing. OCILLA also provides for subpoenas to OSPs to provide their users' identity.

[ edit ] DMCA Title III: Computer Maintenance Competition Assurance Act

DMCA Title III modified section 117 of the copyright title so that those repairing computers could make certain temporary, limited copies while working on a computer.

[ edit ] 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. [ edit ] DMCA Title V: Vessel Hull Design Protection Act

DMCA Title V added sections 1301 through 1332 to add a sui generis protection for boat hull designs. Boat hull designs are not covered under copyright law, because they are useful articles whose form cannot be cleanly separated from their function.

[ edit ] Exemptions

17 U.S.C. 1201(a)(1) requires that the Librarian of Congress issue exemptions from the prohibition against circumvention of access-control technology. Exemptions are granted when it is shown that access-control technology has had a substantial adverse effect on the ability of people to make noninfringing uses of copyrighted works.

The exemption rules are revised every three years. Exemption proposals are submitted by the public to the Registrar of Copyrights, and after a process of hearings and public comments, the final rule is recommended by the Registrar and issued by the Librarian. Exemptions expire after three years and must be resubmitted for the next rulemaking cycle. Consequently, the exemptions issued in the prior rulemakings, in 2000 and 2003, are no longer valid.

The current exemptions , issued in November 2006, are:

Audiovisual works included in the educational library of a college or university’s film or media studies department, when circumvention is accomplished for the purpose of making compilations of portions of those works for educational use in the classroom by media studies or film professors. (A new exemption in 2006.) Computer programs and video games distributed in formats that have become obsolete and that require the original media or hardware as a condition of access, when circumvention is accomplished for the purpose of preservation or archival reproduction of published digital works by a library or archive. A format shall be considered obsolete if the machine or system necessary to render perceptible a work stored in that format is no longer manufactured or is no longer reasonably available in the commercial marketplace. (A renewed exemption, first approved in 2003.) Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete. A dongle shall be considered obsolete if it is no longer manufactured or if a replacement or repair is no longer reasonably available in the commercial marketplace. (Revised from a similar exemption approved in 2003.) Literary works distributed in ebook format when all existing ebook editions of the work (including digital text editions made available by authorized entities) contain access controls that prevent the enabling either of the book’s read-aloud function or of screen readers that render the text into a specialized format. (Revised from a similar exemption approved in 2003.) Computer programs in the form of firmware that enable wireless telephone handsets to connect to a wireless telephone communication network, when circumvention is accomplished for the sole purpose of lawfully connecting to a wireless telephone communication network. (A new exemption in 2006.) Sound recordings, and audiovisual works associated with those sound recordings, distributed in compact disc format and protected by technological protection measures that control access to lawfully purchased works and create or exploit security flaws or vulnerabilities that compromise the security of personal computers, when circumvention is accomplished solely for the purpose of good faith testing, investigating, or correcting such security flaws or vulnerabilities. (A new exemption in 2006.)

The Copyright Office approved two exemptions in 2000 and four in 2003. In 2000, the Office exempted (a) "Compilations consisting of lists of websites blocked by filtering software applications" (renewed in 2003 but not renewed in 2006); and (b) "Literary works, including computer programs and databases, protected by access control mechanisms that fail to permit access because of malfunction, damage, or obsoleteness." (revised and limited in 2003 and again in 2006). In 2003, the 2000 "literary works including computer programs" exemption was limited to "Computer programs protected by dongles that prevent access due to malfunction or damage and which are obsolete." 2003 also added an ebook exemption for text readers and an obsolete software and video game format exemptions, both of which were renewed in 2006. The 2000 filtering exemption was revised and renewed in 2003, but was not renewed in 2006.<ref> See U.S. Copyright Office, Oct. 27, 2000, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works, at  ; U.S. Copyright Office, Oct. 28, 2003, Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works, at .</ref>

[ edit ] Reform and opposition

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 it had passed, would have dealt with the devices used to access digital content and would have been even more restrictive than the DMCA.

Timothy B. Lee of the Cato thinktank wrote:

The DMCA is anti-competitive. It gives copyright holders — and the technology companies that distribute their content — the legal power to create closed technology platforms and exclude competitors from interoperating with them. Worst of all, DRM technologies are clumsy and ineffective; they inconvenience legitimate users but do little to stop pirates . [1] [ edit ] Example of DMCA Takedown Provision

Please note: Wikipedia does not give legal advice.

An author notes that a company or individual infringed his or her copyright in publishing material without receiving their permission first, paying a fee or crediting the source of the information (plagiarism). If the author cannot find an arrangement with the offender he can address a DMCA to the provider hosting the user website. This text contains several items to respond to. It can be sent by fax, ordinary postal mail or even put on a website at the disposal of the provider. Not all providers accept receipt of the DMCA as scanned and signed images by email. Here is the template of the DMCA request that the author has to fill in and send to the alleged infringer:


1. Detailed identity of the copyrighted work that I believe has been infringed upon. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or the permalink of the post

>Include here the URL to the concerned material infringing your copyright (URL of a website or URL to a post, with title, date, name of the emitter), or link to initial post with sufficient data to find it back easily

2. Identity of the material that I claim is infringing upon the copyrighted work listed in item #1 above.

>Include here the name of the concerned litigeous material (all images or posts if relevant) with their complete reference

3. Location of the author copyright notice (for information).

>Include here the possible URL of the page in which you have list or give detail about your copyright. This information is optional as all work of the mind are by default protected by the Copyright Berne Convention

4. Information to permit our company, the provider, to contact you.

>Include here your email, fax or postal address to quickly get a feedback from the provider.

5. Statements

Reproduce the next statements:

I have a good faith belief that use of the copyrighted materials described above on the infringing web pages is not authorized by my registered copyright and by the law. I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner of an exclusive right that is infringed.

Your signature

>Signature of the author

>Add your name here

In this context the DMCA does not require the complete postal address and private phone number of the author. Therefore, most companies do not list these two items in their policies ( Google , Blogger ) and only need an email of contact in respect with the spirit of the law.

Only a few companies require the author to mention his complete address and phone number ( Go Daddy Software ).

The postal address and phone number will only be required in cases of counter notification emitted by the offender or if the author initiates a legal proceeding.

[ edit ] Notes

<references />

[ edit ] References Digital Copyright by Jessica Litman (2001), a history of the lobbying that led to the DMCA.

[ edit ] See also

Related US laws:

The "No Electronic Theft" ( NET ) Act Copyright Term Extension Act (1998)

Proposed US legislation:

Benefit Authors without Limiting Advancement or Net Consumer Expectations ( BALANCE ) Act of 2003 The "Inducing Infringement of Copyrights Act" ( INDUCE ) Act (introduced 2004) Pirate Act (introduced 2004) Digital Media Consumers' Rights Act ( DMCRA ) (introduced 2003 & 2005) Digital Transition Content Security Act (introduced 2005)

Related non-US law:

EU Copyright Directive DADVSI

DMCA anti-circumvention cases :

Chamberlain v. Skylink Universal v. Reimerdes Dmitri Sklyarov Lexmark Int'l v. Static Control Components

DMCA notice-and-takedown issues :

Online Copyright Infringement Liability Limitation Act (OCILLA) (more information about the DMCA 512 takedown provisions) DMCA takedown incidents [ edit ] External links [ edit ] DMCA information Text of the DMCA U.S. Copyright Office summary of the DMCA , ( PDF format) U.S. Copyright Office homepage Title 17 of the U.S. Code , Cornell Law School Cybertelecom's DMCA information and background material Senate DMCA vote , by senator name, vote position, and home state (U.S. Senate roll call votes - 105th Congress - 2nd Session - Vote 137) Rep. Rick Boucher's website Directory of Service Provider Agents for Notification of Claims of Infringement Anti-DMCA , a website that has updates on DMCA lawsuits. [ edit ] DMCA 512 Notification Policies, Exemplars, and Information Directory of Service Provider Agents for Notification of Claims of Infringement , a clearinghouse of DMCA 512 notices and cease and desist letters Google's DMCA policy An ISP's fully automatic DMCA-notification procedure Project LUXORION DMCA (download in Word format, include explanations) de:Digital Millennium Copyright Act

es:DMCA fr:Digital Millennium Copyright Act hu:Digital Millennium Copyright Act ja:デジタルミレニアム著作権法 pl:DMCA ru:DMCA fi:Digital Millennium Copyright Act

Retrieved from " https://www./library/Digital_Millennium_Copyright_Act " Categories : 1998 in law | Computer law | United States copyright law | United States federal intellectual property legislation

Digital Millennium Copyright Act
digital millennium copyright act us code

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moncler usa inc When Is an ISP Liable for the Acts of Its Subscribers? In the United States, Internet Service Providers that follow therules are provided a powerful shield by two federal laws. Here'show they work. Share on Google Plus Share on Facebook

Everyone who hops on the Internet or posts a website has to affiliate with an Internet Service Provider (ISP), a company that acts as a gatekeeper for access to the Web. An ISP can range in size from America Online (AOL) with millions of users, to a small Mom & Pop business with a server in the garage. In effect, an ISP is a combination telephone company and worldwide public-access television station allowing a subscriber to say or sell anything.

So what happens when a subscriber to an ISP behaves badly and causes an injury to an unsuspecting third party -- say, by copying someone's music without authorization or making a libelous statement? Is the ISP responsible for the behavior or actions of its subscribers? Can the victim of an online injury argue that even though the ISP is not the direct cause, it can be sued because it knew of the activity, encouraged it, profited from it, or had control over it? Obviously, there's often a strong motivation to make such an argument because adding an ISP to a lawsuit provides a defendant whose pockets -- if not always deep -- will at least jingle.

The Controversy

Those who want ISPs to be financially responsible argue that ISPs are publishers like newspapers or magazines and must take responsibility for the material on their servers. On the other side, the ISPs argue that they are like telephone companies -- simply carriers that provide a means of sending information. So far, Congress and courts have favored the ISPs' position and provided guidelines that permit responsible ISPs to avoid liability for the millions of bits of digital information passing through their portals.

Start by understanding that lawsuits against websites and the ISPs that host them tend to fall into two categories: copyright infringement and defamation. A lesser number of lawsuits have also been brought for claims such as distribution of obscenity and negligence. In short, we are worried about a fairly small number of legal claims.

Copyright Infringement

Online copyright infringement occurs when a copyrighted work -- such as a song, movie, artwork, or text -- is copied, modified, displayed, or performed without the copyright owner's authorization. (To learn more about the essentials of copyright law, see Nolo's article Copyright Basics FAQ .)

In the early days of the Internet (1995-1998), angry copyright owners tried using two theories against ISPs:

the ISP contributed to the infringement ("contributory infringement"), or the ISP supervised and profited from the infringement ("vicarious infringement"). Digital Millennium Copyright Act

ISPs who claimed they couldn't possibly monitor everything said on hosted websites lobbied Congress for protection and, in 1998, President Clinton signed into effect the Digital Millennium Copyright Act (DMCA). Under Title II of the DMCA (17 U.S.C. Â § 511 and following), an ISP can avoid financial liability by following the "notice and takedown" provisions, should one of its subscribers offer infringing copy online. These provisions basically state that once an ISP receives notice of the infringement, it must take down the unauthorized material.

Under the DMCA, to avoid liability the ISP must:

not obtain financial benefit from the infringement not have actual knowledge or awareness of facts indicating infringing transmissions upon learning of an infringing transmission, act quickly to remove or disable access to the infringing transmission, and implement a policy of terminating the accounts of subscribers who are repeat infringers.

In addition to these and other requirements, the ISP must designate an agent to receive notices from unhappy copyright owners. Because designating an agent is one of the ISP's keys to avoiding financial liability, it's essential that the ISP promptly send its agent's name and address to the U.S. Copyright Office and pay the $30 agent registration fee. For assistance in designating an agent, visit the U.S. Copyright Office website, at .


Megapuss Records learns that infringing copies of one of its recordings have been posted at Tom's website. Tom's website is hosted by MaxiNet. Megapuss notifies MaxiNet's designated agent of the infringing copies. MaxiNet must then either physically remove the infringing copies from its servers or disable access to Tom's site. If MaxiNet takes down or blocks access to the infringing material promptly, it may be shielded from financial liability from either Megapuss or from Tom.

The DMCA protections for ISPs extend not only to content that is stored on the ISP servers and storage devices, but also to an ISP's "information location tools," which are devices that help a user find or access sites, such as directories, pointers, and hypertext links.

If an ISP does not obey the DMCA provisions -- for example, by failing to designate an agent or by neglecting to immediately remove infringing copy once notified -- a copyright owner has the right to seek financial damages against the ISP as a contributory or vicarious copyright infringer.

Defamation and Other Claims

Defamation, also known as libel, is the publication of an untrue statement that causes an injury to the reputation of a person or business. For example, Matt Drudge, publisher of the gossip column the Drudge Report, stated that Sidney Blumenthal, a confidant of President Clinton, had a history of spousal abuse. The comments were posted at Drudge's website and at America Online, who paid Drudge $3,000 per month for the right to post the column. After receiving a letter from Blumenthal, Drudge and America Online both retracted the statements and issued corrections. Blumenthal and his wife sued Drudge and America Online for defamation. Blumenthal v. Drudge , 992 F. Supp. 44 (D.D.C. 1998).

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