Digital Millennium Copyright Act Explained
The Digital Millennium Copyright Act (DMCA) is an Act under U.S. legislation to protect digital copyrighted works.
The Act was passed in 1998 by the then-President William Jefferson Clinton in compliance with the World Intellectual Property Organization (WIPO) Performances and Phonograms Treaty and the 1996 WIPO Copyright Treaty. It was an effort to create an updated version of the nation’s copyright law that meets the need of the digital age.
A Little More on the DMCA
The DMCA protects the interests of copyright owners and consumers. The Act has five titles, those are WIPO Treaties Implementation, Online Copyright Infringement Liability Limitation, Computer Maintenance or Repair Copyright Exemption, Miscellaneous Provisions, and Protection of Certain Original Designs.
The Act makes it illegal to “manufacture, import, offer to the public, provide, or otherwise traffic any technology, product, service, device, component, or part thereof,” for the primary purpose of “circumventing a technological measure that effectively controls access to” a copyrighted work.
Initially, the Act was criticized by many as they thought it was too aggressive. In later years some restrictions were lifted, and amendments were made to make it more effective for the age. Many other countries also have adopted similar bills and legislation to protect the copyrights of digital materials.
References for the Digital Millennium Copyright Act
Academic Research on the Digital Millenium Copyright Act
- ● The death of copyright: Digital technology, private copying, and the digital millennium copyright act, Lunney Jr, G. S. (2001). Virginia Law Review, 813-920. This article focuses on the steps put in place by the DMCA for the protection of copyright. The objective of this research is to show that the creation of prohibitions by DMCA on the use and distribution of digital products works is a wise decision.
- ● Efficient process or chilling effects-takedown notices under Section 512 of the Digital Millennium Copyright Act, Urban, J. M., & Quilter, L. (2005). Santa Clara Computer & High Tech. LJ, 22, 621. We analyzed nearly 900 DMCA (17 USC 512) takedown notices from a variety of sources, including all notices received by Google through 2006. Our findings comprise a rather negative snapshot of the ways in which the Section 512 process is being used, and reveal little benefit to some of the constituencies it was intended to support.
- ● The Law of Unintended Consequences: The Digital Millennium Copyright Act and Interoperability, Lipton, J. (2005). Wash. & Lee L. Rev., 62, 487. This research explores the criticisms of the DMCA due to their impact on fair use defense for copyright infringement. This paper shows the major concern of manufacturers, which is to fight the improper rules in situations where copyright infringement is not a commercial part of the sector. Emphasis is placed on interoperable replacement parts for this analysis.
- ● Coming Soon to Pay‐Per‐View: How the Digital Millennium Copyright Act Enables Digital Content Owners to Circumvent Educational Fair Use, Sharp, J. (2002). American Business Law Journal, 40(1), 1-81. This article explores the different cases which brought about the fair use of content in the digital industry. Emphasis is mostly based on the Campbell versus Acuff-Rose Music, Inc case of 1994 in the US Supreme Court. It also shows the recommendation of the Committee of Commerce on the passage of the Digital Millennium Copyright Act in 1998.
- ● The digital millennium copyright act takedown notice procedure: Misuses, abuses, and shortcomings of the process, Cobia, J. (2008). Minn. JL Sci. & Tech., 10, 387. This paper analyse the purpose of the takedown process provision of the Digital Millennium Copyright Act of 1998. Our main objective is to show the various shortcomings of the DMCA takedown process and provide possible solution to these shortcomings.
- ● Adrift in the Digital Millennium Copyright Act: The Sequel, Zimmerman, D. L. (2000). U. Dayton L. Rev., 26, 279. This article analyzes the statutory provision, the first attempts at rulemaking and suggests an alternative way to settling issues between the legitimate and conflicting needs of copyright owners and users by the DMCA.
- ● Has the Digital Millennium Copyright Act Really Created a New Exclusive Right of Access: Attempting to Reach a Balance between Users’ and Content Providers’ …, Landau, M. (2001). J. Copyright Soc’y USA, 49, 277. This paper analyses the controversies surrounding the anti-circumvent bill. While some believe that this bill gives creators, publishers and holders too much power over contents, others seem to be more concerned with the believe that this bill violates the Constitution. In this study, we investigate different views surrounding this bill, and draw a conclusion from our research.
- ● The Digital Millennium Copyright Act of 1998: A proposed amendment to accommodate free speech, Jackson, M. (2000). Communication Law and Policy, 5(1), 61-92. This article examines the unlimited power of an OSP in removing suspected copyright infringements, which in turn leads to violation of the free use system. The paper in turn suggests that copyright holders prove infringement before an OSP is allowed to step in.
- ● Digital millennium copyright act, Congress, U. S. (1998). Public Law, 105(304), 112. The author aims to show the different shortcomings of the DMCA, and possible solutions to fix these problems. This paper analyses different cases before and after the enactment of the Digital Millennium Copyright Act.
- ● Puzzles of the Digital Millennium Copyright Act, Nimmer, D. (1998). J. Copyright Soc’y USA, 46, 401. This paper investigates the implementation of different complex and alien concepts by the DMCA into the US copyright law.
- ● Protection of Intellectual Property on the World Wide Web: Is the Digital Millennium Copyright Act Sufficient, Carothers, J. D. (1999). Ariz. L. Rev., 41, 937. This article examines the effect of the Internet on the Digital Copyright Millennium Act. It also shows the different problems caused by the Internet on Copyright infringement.