Digital+Millennium+Copyright+Act

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The Digital Millennium Copyright Act (DMCA) was signed into law by President Clinton on October 28, 1998. The legislation implements two 1996 World Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also addresses a number of other significant copyright-related issues


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=Content of the DMCA=

The DMCA is divided into five 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 “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** contains six miscellaneous provisions miscellaneous provisions, relating to the functions of the Copyright Office, distance education, the exceptions in the Copyright Act for libraries and for making ephemeral recordings, “webcasting” of sound recordings on the Internet, and the applicability of collective bargaining agreement obligations in the case of transfers of rights in motion pictures.
 * **Title V**, the “Title V, the “Vessel Hull Design Protection Act,” creates a new form of protection for the design of vessel hulls.

Implications
Both proponents and opponents agree that the DMCA has many far reaching legal implications, perhaps not only for the United States but globally. This is largely because of the global reach of the internet.

Under the DMCA, it is a crime to design devices that will allow the encryption of anti-piracy devices.
 * It allows copyright protection devices to be cracked only for research and to test the security systems of the computer (Biegel 2001). But it does not allow it to be cracked for commercial or private financial gain (Ferrera et al. 430).
 * Internet service providers are not liable from copyright infringement from transmitting information over the internet. But this law requires that service providers to remove any materials from users’ web sites that breach this law (Biegel 2001).
 * Nonprofit libraries, archives, and educational institutions are exempted from anti-circumvention provisions under certain circumstances (Biegel 2001).
 * “Webcasters” are required to pay record companies licensing fees (Biegel 2001).
 * The Register of Copyright is required to submit to recommendations made by Congress regarding the promotion of education through digital technologie (Biegel 2001). At the same time, they are required to maintain a balance between the needs of users and the rights of copyright owners (Biegel 2001).

Biegel, Stuart. “The Digital Millennium Copyright Act.” __The UCLA Online Institute for Cyberspace Law and Policy__.8th Feb. 2001. UCLA. 26th Feb. 2006. . Ferrera, Gerald, Lichtenstein Stephen D., Reder, Margo E. K., Bird, Robert C. and William T. Schiano. __Cyberlaw, Text__ __and Cases__. U.S.A.: Thomson, 2004.
 * __References:__**

For ISPs
Internet service providers are given a narrow grounds for freedom from all legal implications under the DMCA. In order to apply for this status of 'transitory digital network communications' provider only if they meet the following conditions: Other implications apply
 * The material transmitted was not sent to or by the service provider
 * transmission of the data was automatic and unmodified, and the service provider keeps no copies of the data in question
 * Does not have knowledge of the data and acts quickly to remove the data once it is informed of it through a channel which it must make public

=External Links=


 * [|Millennium Copyright]**