Digital Millennium Copyright Act
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The Digital Millennium Copyright Act (DMCA) is a controversial law in the United States of America that amended title 17 of the US Code, which deals with copyright. Passed on October 28, 1998 by a unanimous vote in the United States Senate, the DMCA gave copyright holders many new powers, while limiting the liability of Online Service Providers from copyright infringement by their users.
DMCA title I: Anti-Circumvention Provisions
Main article: DMCA 1201 DMCA title I, also known as the DMCA anti-circumvention provisions, gave strong new powers to copyright holders over devices that can perform their copyrighted works. Large copyright holders like the MPAA and RIAA say the law is necessary to prevent copyright infringement in the digital era, while a growing coalition of Internet activists feel that the law stifles innovation while doing little to stop copyright infringment.
DMCA title II: Takedown Procedures
Main article: Online Copyright Infringement Liability Limitation Act (OCILLA) DMCA title II, creates a safe harbor for online service providers (OSPs, including ISPs) against copyright liability if they promptly take down any sites that someone alleges to infringe their copyrights. Most are generally supportive of the act, although some believe it has some problematic portions and is overused.
DMCA title III: Computer Maintenance Competition Assurance Act
DMCA title III modified section 117 of copyright law so that those repairing computers could make certain temporary, limited copies while working on a computer.
DMCA title IV: Miscellaneous Provisions
DMCA title IV contains an assortment of provisions:
- Clarified and added to the duties of the Copyright Office.
- Added ephemeral copy for broadcasters provisions, including certain statutory licenses.
- Added provisions to facilitate distance education.
- Added provisions to assist libraries with keeping copies of sound recordings.
- Added provisions relating to collective bargaining and the transfer of movie rights.
DMCA title V: Vessel Hull Design Protection Act
DMCA title V added sections 1301 through 1332 to add protection for boat hull designs.
Reform
There are efforts in Congress to modify the Act. Richard Boucher, a Democratic congressman from Virginia, is leading one of these efforts by introducing the DMCRA.
A prominent bill related to the DMCA is the Consumer Broadband and Digital Television Promotion Act (CBDTPA), known in early drafts as the Security Systems and Standards Certification Act (SSSCA). This bill, if passed, would deal with the devices used to access digital content and would be even more restrictive than the DMCA.
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