The Digital Millennium Copyright Act
The federal Digital Millennium Copyright Act of 1998 (DMCA) expanded the United States Copyright Act to further protect copyrighted material from digital piracy. Copyrighted material cannot be reproduced or distributed without permission from the copyright holder, including digital reproduction and distribution. The DMCA outlawed specific acts that enable piracy, and it established protections and rules for new entities, such as online service providers.
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Background
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On December 20, 1996, at the Diplomatic Conference on Certain Copyright and Neighboring Rights Questions held in Geneva, Switzerland, the World Intellectual Property Organization (WIPO) established new guidelines and standards for copyright laws in the context of the internet. The DMCA updates the protections and regulations of the United States Copyright Act in order to implement the treaties signed at the Geneva conference.
Piracy
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The DMCA specifically outlaws online code-cracking or hacking for the purpose of copying or otherwise interfering with copyrighted material. This includes any action intended to bypass the copyright protection measures that are built into commercial software. The Act also prohibits making, selling or distributing devices or software that break codes, get around anti-piracy measures or otherwise hack copyrighted material.
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Nongovernmental Organizations, Libraries and Schools
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The DMCA outlines exceptions to the anti-code-cracking for research and product-testing purposes. It also provides provisions by which nongovernmental organizations, libraries, schools and archives can get around the copyright protection measures found in commercial software. These entities are only allowed to circumvent copyright protection in specific situations.
Online Service Providers
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The DMCA limits the liability of online service providers regarding copyright infringements committed by those who use use or subscribe to their services. Online service providers -- including storage providers -- cannot be prosecuted simply for storing pirated material or transferring it online. However, if a service provider is aware that a user is posting material that violates a copyright, the provider must remove the material.
Licensing Fees
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Copyright holders are allowed to charge licensing fees to third parties that reproduce or distribute copyrighted material. The DMCA explicitly extends the right to charge such fees to copyrighted material reproduced and distributed digitally. As a result of the DMCA, webcasters and other media distributors are legally required to pay copyright holders before reproducing videos, music and other media on their websites.
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References
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