Digital Millennium Copyright Act or DMCA - Explained
What is the DMCA?
Written by Jason Gordon
Updated at September 26th, 2021
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Table of Contents
Digital Millennium Copyright Act ExplainedA Little More on the DMCAAcademic ResearchBack To: Real Estate, Personal, & Intellectual Property
What is the Digital Millennium Copyright Act?
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 nations copyright law that meets the need of the digital age.
How Does the DMCA Work?
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.
Related Topics
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What is a copyright?
- Digital Millennium Copyright Act or DMCA Explained
- Basics of Copyright Law
- What are the rights of a holder of a copyright?
- What are the elements of a copyright?
- How long is the period of copyright protection?
- What is the process for registering a copyright?
- Who may claim and secure copyright protection?
- What are infringement and the process for enforcing a copyright?
- What are the defenses available against a claim of copyright infringement?
- Public Domain Works
- Licensing Agreement
- End User License Agreement
- What is Fair Use of copyright?
- What is the First Sale Doctrine?