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To amend title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes
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DMCA
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105th Congress
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October 28 , 1998
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Pub L 105-304
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http://thomaslocgov/cgi-bin/toGPO/http://frwebgateaccessgpogov/cgi-bin/getdoccgidbname=105_cong_public_laws&docid=f:publ304105pdf
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112 Stat 2860 (1998)
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Copyright Act Of 1976
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5 (Government Organization and Employees) 17 (Copyrights) 28 (Judiciary and Judicial Procedure) 35 (Patents)
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17 USC §§ 512, 1201-1205, 1301-1332 28 USC § 4001
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17 USC §§ 101, 104, 104A, 108, 112, 114, 117, 701
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http://thomaslocgov/cgi-bin/bdquery/zd105:HR02281:@@@X
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House Of Representatives
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HR 2281
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Rep Howard Coble ( R - NC )
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July 29 , 1997
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House Judiciary Committee (Subcommittee on Courts and Intellectual Property) House Commerce Committee (Subcommittee on Telecommunications, Trade, and Consumer Protection)
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House
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August 4 , 1998
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voice vote
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Senate
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September 17 , 1998
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unanimous consent
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October 8 , 1998
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Senate
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October 8 , 1998
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unanimous consent
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House
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October 12 , 1998
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voice vote
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Clinton
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October 28 , 1998
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None
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The ('''DMCA''') is a
United States Copyright Law . The act criminalizes production and dissemination of technology that can
Circumvent measures taken to protect copyright, not merely infringement of copyright itself, and heightens the penalties for copyright infringement on the Internet. Passed on
May 14 ,
1998 by a unanimous vote in the United States Senate and signed into law by President
Bill Clinton on
October 28 ,
1998 , the DMCA amended title 17 of the
US Code to extend the reach of copyright, while limiting the liability of Online Providers from
Copyright Infringement by their users.
On
May 22 ,
2001 the
European Union passed the
EU Copyright Directive or EUCD, similar in many ways to the DMCA.
DMCA Title I, the
WIPO Copyright And Performances And Phonograms Treaties Implementation Act has two major portions, one of which includes works covered by several treaties in US copy prevention laws and gave the title its name and the other which is often known as the DMCA anti-circumvention provisions. The latter implemented a broad ban on the circumvention of copy prevention systems and required that all analogue video recorders have copy prevention built in.
DMCA Title II, the
Online Copyright Infringement Liability Limitation Act , creates a
Safe Harbor for online service providers (OSPs, including ISPs) against copyright liability if they adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access if they receive a notification from a copyright holder or their agent. It also includes a counter-notification which requires restoration of the material and a provision for subpoenas to identify alleged infringers.
DMCA Title III modified
section 117 of the copyright title so that those repairing computers could make certain temporary, limited copies while working on a computer.
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 License s.
- 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 added sections
1301 through
1332 to add protection for boat hull designs.
As useful articles whose form cannot be cleanly separated from their function, boat hull designs were formerly not protected under copyright law.
There are efforts in Congress to modify the Act.
Rick Boucher , a Democratic congressman from Virginia, is leading one of these efforts by introducing the
Digital Media Consumers’ Rights Act (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 it had passed, would have dealt with the devices used to access digital content and would have been even more restrictive than the DMCA.
