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Digital Millennium Copyright Act of 1998 us digital millennium copyright act 1998

Association of Research Libraries (ARL®) http://old./pp/ppcopyright/copystatutes/dmca.shtml Copyright & Intellectual Property Policies Major Copyright Statutes Digital Millennium Copyright Act of 1998

Digital Millennium Copyright Act of 1998 (DMCA), US Copyright Office Summary [PDF] Related Legislatio rcmkjoee. moncler mens acorus jacket blackn

"Consumers, Schools, and Libraries Digital Rights Management Awareness Act of 2003" (S. 1621, introduced Sept. 16, 2003) [PDF];
ARL joins Shared Legal Capability letter endorsing S. 1621 (Sept. 24, 2003) [PDF]

"Benefit Authors without Limiting Advancement or Net Consumer Expectations" or BALANCE Act (H.R. 1066), introduced by Rep. Zoe Lofgren (D-CA) on March 4, 2003

"Digital Media Consumers' Rights Act of 2003" (H.R. 107) reintroduced on 1/7/03 by Rep. Rick Boucher (D-VA), Rep. John Doolittle (R-CA), and Rep. Spencer Bachus (R-AL)

"Digital Media Consumers' Rights Act of 2002," introduced by Rep. Rick Boucher (D-VA) and Rep. John Doolittle (R-CA), Oct. 3, 2002

Rep. Boucher's Introductory Remarks (Oct. 3, 2002)

ARL Press Release, Oct. 3, 2002

Library Associations' Letter to House of Representatives, Nov. 20, 2002 [PDF]

"Digital Choice and Freedom Act of 2002" (H.R. 5522), introduced by Rep. Zoe Lofgren (D-CA), Oct. 2, 2002

"Super" DMCA Legislation in the States, memo to ARL directors, April 24, 2003 [PDF]

Introduction and Analysis

What the DMCA and the Copyright Term Extension Act Mean to the Library Community: Primer by Arnold Lutzker, posted Feb. 5, 1999 [PDF]

The Digital Millennium Copyright Act, analysis by Jonathan Band, Oct. 20, 1998 [PDF]

"The Digital Millennium: What Does It All Mean?" presentation by Arnold Lutzker at 133rd ARL Membership Meeting, Oct. 1998

Rulemaking and the First Sale and Fair Use Doctrines

Letter to Rep. Howard Coble from Law Professors on Section 104 Study, Oct. 4, 2001 [PDF]

Fair Use in the Electronic Age: Serving the Public Interest, a joint statement from several library associations

Comments of the Digital Future Coalition Analyzing the Language of Section 104, Sept. 8, 2000 [PDF]

Comments by the Library Associations on the First Sale Doctrine, Aug. 4, 2000

Reply Comments of the Library Associations, pursuant to the US Copyright Office's Request for Public Comment on Sections 109 and 117, Sept. 5, 2000 [PDF]

1201(a)(1) Rulemaking

Proponents of Proposed DMCA Section 1201 DVD-related Exemptions Answer Supplemental Questions (Sept. 10, '09)

Statement by Jonathan Band on Behalf of ALA, ACRL, and ARL on DMCA Section 1201 Rulemaking, May 6, 2009 [PDF]

LCA and MLA File Reply Comments on DMCA Section 1201 Rulemaking, Feb. 2, 2009 [PDF]

LCA and MLA Comments on Section 1201 Rulemaking, Dec. 2, 2008 [PDF]

LCA and Music Library Association Comments before Copyright Office on 1201 Rulemaking, Dec. 1, 2005 [PDF]

Librarian of Congress releases "Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works";
ARL and other library associations' press release, Oct. 28, 2003

US Copyright Office, Anticircumvention Rulemaking, Current Exemptions Expire Oct 28, 2003

Library Associations' Comments before Copyright Office on 1201 Rulemaking, Dec. 18, 2002 [PDF]

DFC Alert: Copyright Owners Get Green Light to Roll with Technological Protection Measures at Consumer Expense, Nov. 2, 2000 [PDF]

Statement of Congressman Rick Boucher: "Pay-Per-Use" Society One Step Closer, Nov. 2, 2000 [PDF]

New Digital Copyright Ruling Poses New Barriers for Library Users and the American Public, Nov. 1, 2000 [PDF]

Reply Comments of Library Associations Following Public Hearings before Copyright Office, Library of Congress, June 2000 [PDF]

Written Transcripts from Anticircumvention Hearings, May 2000

OSP: Compliance

Compliance with DMCA Requirements, Nov. 23, 1998

Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers, Nov. 12, 1998

"Complying with the DMCA," University of Texas, July 27, 2001

Library OSP Letter to the House and the Senate, March 30, 1998 [PDF]

Prof. Bob Oakley Testimony on OSP Liability, Sept. 4, 1997 [PDF]

Distance Education—1999

Library Community Comments, Feb. 3, 1999 [PDF]

Testimony of James G. Neal on behalf of the Library Community, Jan. 26, 1999 [PDF]

Testimony of Sharon Hogan on behalf of the University of Illinois at Chicago, Jan. 26, 1999 [PDF]

Testimony of Laura Gasaway on behalf of AACC, AASCU, EDUCAUSE, and NAIC, Jan. 27, 1999 [PDF]

University of Maryland University College submission, Feb. 5, 1999 [PDF]

Testimony of Howard Besser on behalf of University of California, Berkeley, Feb. 10, 1999

Section 108 Copyright Notice Section 108(a)3 Notice Requirement, Memo, Arnold P. Lutzker, Aug. 19, 1999 [PDF] Preservation

"Making Digital Copies in the Library," University of Texas, July 27, 2001

Library Preservation: Changes Incorporated in H.R. 2281, The Digital Millenium Copyright Act of 1998 (PL 105-304), Nov. 18, 1998 [PDF]

Additional Resources

Electronic Frontier Foundation DMCA Archive

Video Kit from "Copyright in the New Millennium," Satellite Teleconference on DMCA, May 21, 1999

Embracing Ambiguity: An ARL Copyright Briefing Notebook for 1999

us digital millennium copyright act 1998

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moncler mens jackets neiman marcus THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998 INTRODUCTION

The Digital Millennium Copyright Act (DMCA)1 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.

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 " 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 , 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 " Vessel Hull Design Protection Act ," creates a new form of protection for the design of vessel hulls.

For more information read the full DMCA online .

Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA), Public Law 105-304 , was signed into law on October 29, 1998, by President Clinton. It combined four proposed bills as well as some other revisions to copyright law.

The “ WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 ” added Chapter 12 , Copyright Protection and Management Systems, to the Copyright Act. While United States copyright law arguably met most of the provisions in the WIPO treatises, it did not address technological measures to help stop copyright infringement or other copyright management systems. The DMCA resolved that by first making it a violation to circumvent a technological measure to access a copyrighted work, and then making it a violation to traffic in devices whose purpose is to circumvent the technological measure to either access the work or otherwise infringe the copyright. There are a number of narrowly-tailored exceptions provided, as well as a triennial rulemaking by the Library of Congress to exempt classes of copyrighted works.

The “ Online Copyright Infringement Liability Limitation Act ” added Section 512 to the Copyright Act, providing four distinct safe harbors for online service providers. If the conduct of a service provider meets all the specific requirements of a safe harbor, the service provider will not be liable for monetary damages for copyright infringement, although injunctions to stop future infringement are possible. The safe harbor for user information residing on the service providers’ systems includes a “notice-takedown-putback” provision where the service provide takes down information after proper notice is received from the copyright owner alleging infringement, and can be restored if the user challenges the takedown after sufficient time to file a copyright infringement suit.

When most people refer to the DMCA, they are talking about one or both of those provisions. But it included many other things, one not even about digital information or copyright. The “ Vessel Hull Design Protection Act ” added Chapter 13 to Title 17. Although not a copyright provision, it gave the Copyright Office a new role is protecting an “original design of a useful article” (where “useful article” is limited to boat hulls). It was intended to replace the state law struck down by the Supreme Court in Bonito Boats, Inc. v. Thunder Craft Boats, Inc.

With the “ Computer Maintenance Competition Assurance Act ,” the DMCA also broadened Section 117 of the Copyright Act to allow third-party maintenance organizations to used software licensed to a computer’s owner or lessee as part of their maintenance activities, overriding the Ninth Circuit’s 1993 decision in MAI v. Peak .

The DMCA also contained a number of miscellaneous changes to copyright law, including an update to the Section 108 exemptions for libraries and archives.

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