DMCA

The Digital Millennium Copyright Act

The 1998 enactment of the Digital Millennium Copyright Act (DMCA) represents the most comprehensive reform of United States copyright law in a generation. The DMCA seeks to update U.S. copyright law for the digital age in preparation for ratification of the World Intellectual Property Organization (WIPO) treaties.

Key among the topics included in the DMCA are provisions concerning the circumvention of copyright protection systems, fair use in a digital environment, and online service provider (OSP) liability (including details on safe harbors, damages, and "notice and takedown" practices). Resources on these and other topics are included below.

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Federal Resources

• Digital Millennium Copyright Act of 1998(U.S. Copyright Office)
  On October 28, 1998, H.R. 2281, the Digital Millennium Copyright Act (DMCA), was enacted into law to address copyright issues with digitally formatted intellectual property.
• Summary of the Digital Millennium Copyright Act of 1998 (U.S. Copyright Office)
  This December 1998 memorandum by the U.S. Copyright Office provides an overview of the law's provisions and briefly summarizes each of the five titles of the DMCA.
• 2003 Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works (U.S. Copyright Office)
  On October 28, 2003, Librarian of Congress James Billington once again issued exceptions to the DMCA prohibition on circumventing technological locks intended to prevent access to copyrighted digital works. These exemptions will remain in effect through October 27, 2006.
• Study Required by Section 104 of the Digital Millennium Copyright Act (U.S. Copyright Office)
  Section 104 of the DMCA directs the Register of Copyrights and the Assistant Secretary of Commerce for Communications and Information to prepare a report for the Congress examining the effects of the amendments made by title 1 of the Digital Millennium Copyright Act, ("DMCA") and the development of electronic commerce on the operation of sections 109 and 117 of title 17, United States Code, and the relationship between existing and emerging technology and the operation of such sections.

DMCA Resource Pages

• ALA DMCA Resources
• ARL DMCA Resources
• EFF DMCA Resources
• Public Knowledge DMCA Resources

Other DMCA Resources

• Digital Rights Management
  This list was created for the discussion on digital rights management (DRM) development in support of the building and sharing of digital resource collections.
• Unintended Consequences: Seven Years under the DMCA(Electronic Frontier Foundation – EFF)
  This white paper provides a description of some of the very real problems that have already appeared because of the DMCA.
• A Primer on Distance Learning and Intellectual Property Issues(Dow, Lohnes & Albertson)
  This primer highlights copyright issues and how they pertain to distance learning.
• Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers (Lutzker & Lutzker LLP and the Association of Research Libraries – ARL)
  This memorandum explains in detail the new DMCA provisions pertaining to OSP liability, including "notice-and-takedown" requirements, "notice and put-back," and certain safe harbors contained in Title II of the DMCA.
• Fair Use and Digital Rights Management: Preliminary Thoughts on the (Irreconcilable?) Tension between Them (EFF) This article describes the conflict between Fair Use and any approach to Digital Rights Management.