DMCA
The Digital Millennium Copyright Act (DMCA) is a controversial United States digital rights management law enacted October 28, 1998. The intent behind the DMCA was to create an updated version of copyright laws to deal with the special challenges of regulating digital material. Broadly, the goal of the DMCA is to protect the rights of both copyright owners and consumers. The law complies with the World Intellectual Property Organization (WIPO) Copyright Treaty and the WIPO Performances and Phonograms Treaty, both of which were ratified by over fifty countries in 1996.
This paper discusses the controversy surrounding the DMCA and why attempts to resolve these issues are now necessary.
The impact of the DMCA on organizations is far reaching. Key highlights include the DMCA's enforcement to:
Make it a crime to circumvent anti-piracy measures built into most commercial software.
Prevent the manufacture, sale, or distribution of code-cracking devices used to illegally copy software. Cracking of copyright protection devices is allowed to conduct encryption research, assess product interoperability, and test computer security systems.
Require service providers to remove material from users' Web sites that appears to constitute copyright infringement.
Require that "webcasters" pay licensing fees to record companies.
Require that the Register of Copyrights, after consultation with relevant parties, submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs of users."
The DMCA provides exemptions from anti-circumvention provisions for nonprofit libraries, archives, and educational institutions under certain circumstances. And, it limits liability of nonprofit institutions of higher education -- when they serve as online service providers and under certain circumstances --...
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