Digital Millennium Copyright Act of 1998

Jason FuAndy Lee

The Breakdown

1.DMCA debunk and explanation2.The people involved/interest groups3.The quick process of the Bill becoming a LAW4.Constructive Criticism

HEY MANG, WHAS DA DMCA?

Introduction• Digital Millennium Copyright Act (DMCA) is a United States Copyright Law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO)

Concepts:• Illegal to produce or disseminate any technology that

circumvents measures to protect copyright• It also criminalizes the act of circumventing an access control,

whether or not there is actual infringment in the copyright itself.

Which Means….

Titles/Pillars of the BillTitle 1:

-Bans the production/sale/distribution of any device or Software that circumvents Copyright protections

Title 2:

-Protects online service providers from copyright liablity if they comply with certain guidelines provided in the act

-May be forced to release identity of the subscribers allegedly committing the infringement

-Service providers must promptly restrict access to materials if they recieve information from the copyright holder or their agent

Title 3:

-Permits the copy of software for the purpose of repairing or maintaining a computer

-The copy must be destroyed after the computer is repaired

Title 4:

- Added provisions for distance education

-Added provisions to assist libraries with keeping copies of recordings

Title 5:

-Created a system to protect designs of certain vehicles that make them attractive or

distinctive in appearance

Outcomes?

The Interest Groups Involved:

1) International and American Government Representatives2) Authors3) User Advocates4) Content Providers 5) Internet Service Providers

The Fair Use provisions allow people to use copyrighted works as long as they receive legal permission

DMCA makes a distinction between "accessing" and "copying"This means that people are allowed to use copyrighted works as long as they do not distribute it

Committees and Subcommittees involved

House Judiciary• Subcommittee on Courts and Intellectual PropertyHouse Commerce• Subcommittee on Telecommunications, Trade, and

Consumer ProtectionHouse Ways and Means

Popular Court Cases• Viacom Inc. v. YouTube, Google Inc.

o Viacom filed lawsuit for $1 billion in damages for infringing content.

o 160,000 infringing videos belonging to Viacom Entertainment

o Youtube used DMCA's "safe harbor" provision to protect them

• Sony v. George Hotzo Sony sued George Hotz (GeoHot) for jailbreaking the PS3

and releasing the signature authorizing keys, allowing for homebrew content (or pirated retail games) to be officially signed and ran.

o Geohot claimed he had the right to tinker with the product that HE rightfully bought

Quick Bill to Law Process

• Introduced in the House by Howard Coble on July 29, 1997

• Amended by Judiciary and Commerce Committee• Committee on Ways and Means discharged• Passed in the House• Passed in the Senate by unanimous consent• Sent to conference Committee• Cleared for White House• Presented to President Clinton• President Clinton signs DMCA and becomes a law

on October 28, 1998

Criticism

The DMCA (U.S.) has been criticized for making it too hard for copyright owners to protect their property rights.

BIBLIOGRAPHY:

http://news.cnet.com/8301-31001_3-57409924-261/viacom-wins-second-round-of-copyright-battle-against-youtube/

http://thomas.loc.gov/cgi-bin/bdquery/z?d105:HR02281:@@@X

http://www.copyright.gov/legislation/dmca.pdf the actual 18 page DMCA document