Digital Millenium Act of 1998

NEW SOLUTIONS FOR A DIGITAL WORLD

Angela TealLIBM 6320FALL 2011

DMCA

The Digital Millennium Copyright Act was signed into law on October 28th , 1998 by President Bill Clinton.

DMCA

The Digital Millennium Copyright Act was signed into law on October 28th , 1998 by President Bill Clinton.

What does this mean for you and I?

DMCA

The Digital Millennium Copyright Act was signed into law on October 28th , 1998 by President Bill Clinton.

What does this mean for you and I?This Act updated copyright law to account for the Internet and digital technologies.

DMCA is comprised of 5 Titles Title I: The “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.

DMCA is comprised of 5 Titles Title I: The “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.Title II: The “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities.

DMCA is comprised of 5 Titles Title I: The “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.Title II: The “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities.

Title III: The “Computer Maintenance Competition Assurance Act,” creates an exemption for making a copy of a computer program by activating a computer for purposes of maintenance or repair.

DMCA is comprised of 5 Titles Title I: The “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.Title II: The “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities.

Title III: The “Computer Maintenance Competition Assurance Act,” creates an exemption for making a copy of a computer program by activating a computer for purposes of maintenance or repair.

Title IV: It contains six miscellaneous provisions, relating to the functions of the Copyright Office.

DMCA is comprised of 5 Titles Title I: The “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.Title II: The “Online Copyright Infringement Liability Limitation Act,” creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities.

Title III: The “Computer Maintenance Competition Assurance Act,” creates an exemption for making a copy of a computer program by activating a computer for purposes of maintenance or repair.

Title IV: It contains six miscellaneous provisions, relating to the functions of the Copyright Office.

Title V: The “Vessel Hull Design Protection Act,” creates a new form of protection for the design of vessel hulls.

DMCA

Let’s take a clos er look at each title.

DMCA Title ITitle I: The “WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998,” implements the WIPO treaties.

This act amends U.S copyright law to comply with the WIPO copyright treaty and the WIPO Performances and Phonograms Treaty . The treaties have two major portions.

ONE PORTION: includes works covered by several treaties in U.S. copy prevention laws and gave the title its name.

SECOND PORTION: Known as the DMCA anti-circumvention provisions, changed the remedies for the circumvention of copy-prevention systems and required that all analog video recorders support for a specific form of copy prevention created by Macrovision built in giving Macrovision an effective monopoly on the analog video-recording copy -prevention market.

DMCA Title IITitle II: The “Online Copyright Infringement Liability Limitation Act.”

•This act creates a safe harbor for online service providers against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to allegedly infringing material if they receive a notification claiming infringement from a copyright holder.

DMCA Title IIITitle III: The “Computer Maintenance Competition Assurance Act,” creates an exemption for making a copy of a computer program by activating a computer for purposes of maintenance or repair.

•This act allows those repairing computers to make certain temporary, limited copies while working on a computer.

DMCA Title IVTitle IV: It contains six miscellaneous provisions, relating to the functions of the Copyright Office.

•This act clarified and added to the duties of the Copyright Office.

•Also added ephemeral copy for broadcasters provisions, including certain statutory licenses.

•Another provision was added to facilitate distance education

•It also added provisions to assist libraries with keeping copies of sound recordings.

•This act added provisions relating to collective bargaining and the transfer of movie rights in motion pictures.

DMCA Title V

Title V: The “Vessel Hull Design Protection Act,” (VHDPA) creates a new form of protection for the design of vessel hulls.

•This title added a sui generis (Latin term meaning unique ) protection for boat hull designs.

KEY PROVISIONS

You may not “break” copy protection on software

Schools that provide Internet access can be protected from copyright infringement claims if they register an employee as the district’s agent with the Copyright Office and follow a set of procedures in the event of a claim.

You must pay a statutory fee to “Webcast” sound recordings.

The Register of Copyrights was ordered to undertake an overview of digital distance-learning provisions and prepare a report of recommendations to Congress.

You must include the complete copyright notice from the original on copies of protected materials

A computer technician may make a RAM or backup of computer software while doing computer hardware repair.

DMCA

KEY PROVISIONS

You may not “break” copy protection on software

Schools that provide Internet access can be protected from copyright infringement claims if they register an employee as the district’s agent with the Copyright Office and follow a set of procedures in the event of a claim.

You must pay a statutory fee to “Webcast” sound recordings.

The Register of Copyrights was ordered to undertake an overview of digital distance-learning provisions and prepare a report of recommendations to Congress.

You must include the complete copyright notice from the original on copies of protected materials

A computer technician may make a RAM or backup of computer software while doing computer hardware repair.

DMCA

KEY PROVISIONS

You may not “break” copy protection on software

Schools that provide Internet access can be protected from copyright infringement claims if they register an employee as the district’s agent with the Copyright Office and follow a set of procedures in the event of a claim.

You must pay a statutory fee to “Webcast” sound recordings.

The Register of Copyrights was ordered to undertake an overview of digital distance-learning provisions and prepare a report of recommendations to Congress.

You must include the complete copyright notice from the original on copies of protected materials

A computer technician may make a RAM or backup of computer software while doing computer hardware repair.

DMCA

KEY PROVISIONS

You may not “break” copy protection on software

Schools that provide Internet access can be protected from copyright infringement claims if they register an employee as the district’s agent with the Copyright Office and follow a set of procedures in the event of a claim.

You must pay a statutory fee to “Webcast” sound recordings.

The Register of Copyrights was ordered to undertake an overview of digital distance-learning provisions and prepare a report of recommendations to Congress.

You must include the complete copyright notice from the original on copies of protected materials

A computer technician may make a RAM or backup of computer software while doing computer hardware repair.

DMCA

KEY PROVISIONS

You may not “break” copy protection on software

Schools that provide Internet access can be protected from copyright infringement claims if they register an employee as the district’s agent with the Copyright Office and follow a set of procedures in the event of a claim.

You must pay a statutory fee to “Webcast” sound recordings.

The Register of Copyrights was ordered to undertake an overview of digital distance-learning provisions and prepare a report of recommendations to Congress.

You must include the complete copyright notice from the original on copies of protected materials

A computer technician may make a RAM or backup of computer software while doing computer hardware repair.

DMCA

KEY PROVISIONS

You may not “break” copy protection on software

Schools that provide Internet access can be protected from copyright infringement claims if they register an employee as the district’s agent with the Copyright Office and follow a set of procedures in the event of a claim.

You must pay a statutory fee to “Webcast” sound recordings.

The Register of Copyrights was ordered to undertake an overview of digital distance-learning provisions and prepare a report of recommendations to Congress.

You must include the complete copyright notice from the original on copies of protected materials

A computer technician may make a RAM or backup of computer software while doing computer hardware repair.

DMCA

Key Provisions continue…….

Libraries and archives can make up to three digital copies of works for preservation purposes if the works are out of print and in danger of destruction from age or condition, but the works may not be used or distributed outside the premises of the library or archives.

The act establishes statutory fees for digital transmission of sound recordings and for making the ephemeral copies that are necessary for such transmission.

Libraries may migrate works held on obsolete media to current technologies, but the transfers may be made only if the library can’t buy the same work in a non –obsolete format. “Obsolete” means that the hardware to perform or display the work must no longer be available for purchase in the marketplace .Eight-tracks tapes and Beta format videotapes are obsolete. VHS videotapes and phonograph records are not-yet.

DMCA

Key Provisions continue…….

Libraries and archives can make up to three digital copies of works for preservation purposes if the works are out of print and in danger of destruction from age or condition, but the works may not be used or distributed outside the premises of the library or archives.

The act establishes statutory fees for digital transmission of sound recordings and for making the ephemeral copies that are necessary for such transmission.

Libraries may migrate works held on obsolete media to current technologies, but the transfers may be made only if the library can’t buy the same work in a non –obsolete format. “Obsolete” means that the hardware to perform or display the work must no longer be available for purchase in the marketplace .Eight-tracks tapes and Beta format videotapes are obsolete. VHS videotapes and phonograph records are not-yet.

DMCA

Key Provisions continue…….

Libraries and archives can make up to three digital copies of works for preservation purposes if the works are out of print and in danger of destruction from age or condition, but the works may not be used or distributed outside the premises of the library or archives.

The act establishes statutory fees for digital transmission of sound recordings and for making the ephemeral copies that are necessary for such transmission.

Libraries may migrate works held on obsolete media to current technologies, but the transfers may be made only if the library can’t buy the same work in a non –obsolete format. “Obsolete” means that the hardware to perform or display the work must no longer be available for purchase in the marketplace .Eight-tracks tapes and Beta format videotapes are obsolete. VHS videotapes and phonograph records are not-yet.

DMCA

(Simpson, 2010, pp. 15-16)

VIOLATING THE DMCA

Civil lawsuits may be filed against anyone who violates the DMCA. Although the DMCA is strict, it does give the courts the power to reduce the penalties if the violator proves that he or she was not aware that the act(s) constituted a violation. Most penalties are monetary settlements similar to those under the Copyright Act. The penalties become criminal when violators willfully disregard copyright laws for the purpose of commercial or private financial gain.

Quiz

What is the first offense penalty for willfully violating copyright laws for commercial or personal financial gain?

Quiz

What is the first offense penalty for willfully violating copyright laws for commercial or personal financial gain?

A. Up to 1 year imprisonment or $10,000 fine

Quiz

What is the first offense penalty for willfully violating copyright laws for commercial or personal financial gain?

A. Up to 1 year imprisonment or $10,000 fine

B. Up to 2 years imprisonment or $25,000 fine

Quiz

What is the first offense penalty for willfully violating copyright laws for commercial or personal financial gain?

A. Up to 1 year imprisonment or $10,000 fine

B. Up to 2 years imprisonment or $25,000 fine

C. Up to 3 years imprisonment or $100,000 fine

Quiz

What is the first offense penalty for willfully violating copyright laws for commercial or personal financial gain?

A. Up to 1 year imprisonment or $10,000 fine

B. Up to 2 years imprisonment or $25,000 fine

C. Up to 3 years imprisonment or $100,000 fine D. Up to 5 years imprisonment or $500,000 fine

Correct Answer

D. Up to 5 years imprisonment or $500,000 fine

Correct Answer

D. Up to 5 years imprisonment or $500,000 fine

•Repeat offenders face up to a $1,000,000 fine or up to 10 years imprisonment.

Correct Answer

D. Up to 5 years imprisonment or $500,000 fine

•Repeat offenders face up to a $1,000,000 fine or up to 10 years imprisonment.

•Nonprofit libraries, archives and educational institutions are entirely exempted from criminal liability.

Quiz

In Title I section I mentioned the WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998, What does “WIPO” stand for?

Quiz

In Title I section I mentioned the WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998, What does “WIPO” stand for?

A. World Intellectual Property Organization

Quiz

In Title I section I mentioned the WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998, What does “WIPO” stand for?

A. World Intellectual Property Organization

B. Washington Internal Privacy Organization

Quiz

In Title I section I mentioned the WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998, What does “WIPO” stand for?

A. World Intellectual Property Organization

B. Washington Internal Privacy OrganizationC. Webster’s International Privilege Operations

Quiz

In Title I section I mentioned the WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998, What does “WIPO” stand for?

A. World Intellectual Property Organization

B. Washington Internal Privacy OrganizationC. Webster’s International Privilege Operations

D. Williams Internal Privacy Organization

Correct Answer

A. World Intellectual Property Organization

Referenceshttp://www.clintonlibrary.gov

http://www.wpclipart.com/tools/magnifyglass

Digital Millennium Copyright Act, (1998) Retrieved October 17, 2011 from http://www.copyright.gov/legislation/dmca.pdf

Digital Millennium Copyright Act, (1998) Retrieved October 17, 2011 from http://www.educause.edu

Digital Millennium Copyright Act, (1998) Retrieved October 15, 2011 from http://www.frwebgate.access.gpo.gov

Digital Millennium Copyright Act, (1998) Retrieved October 14, 2011 from http://legal-dictionary.thefreedictionary.com

Simpson, C. (2010). Copyright for Schools.(5 ed., pp.15-16) . Santa Barbara, CA:ABC-CLIO,LLC