BRIEF HISTORY
Copyright Acts (1790-1976)
Copyright Act was created in 1790 which include several specifications/laws
on an author’s rights to their creations. The Copyright Act did not include
anything “Digital” since there was no invention nor need for copyright
protection.
1990s: File Sharing Boom
When computers were finally invented peer to peer sharing started and
millions were able to gain access to copyright material.
Federal Government seeks Control
The government was outraged that
1996: World Intellectual Property Organization (WIPO) Treaties
In order to gain control the WIPO Copyright Treaty (WCT) and the WIPO
Performances and Phonograms Treaty (WPPT) were created in order to
update international copyright standards for the Internet era.
October 24th 1998: Clinton Signs DMCA
In order to implement the newly created treaties Clinton signed into law the
DMCA.
WHAT IS DMCA?
“The Digital Millennium Copyright Act (DMCA) is a United States copyright law that
implements two 1996 treaties of the World Intellectual Property Organization (WIPO).
It criminalizes production and dissemination of technology, devices, or services
intended to circumvent measures (commonly known as digital rights management or
DRM) that control access to copyrighted works. It also criminalizes the act of
circumventing an access control, whether or not there is actual infringement of copyright
itself.”1 The DMCA includes 5 Titles which talks about each section of the DMCA.
TITLE I SUMMARY
This title implements the WIPO treaties that were created in order to extended copyright
laws for the “internet era”. First, copyrights regarding foreign countries included
recognizing copyright of certain works from other countries and were exempt from
needing to register their work with the Copyright Office. Second, the title included
DMCA anti-circumvention provisions. This included making software that prevented
people from accessing a copyright work that doesn’t belong to them and software that
was designed to circumvented technological protection measures illegal. Finally, it
1
Unknown, Digital Millennium Copyright Act, 1998-2009,
http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act (October 2009)
made it illegal to change CMI without protection and illegal to knowingly distribute if CMI
has been changed.
Title II Summary
Title II covered the online copyright infringement liability limitation Act (OCILLA).
The OCILLA is a US Federal Law introduced to the DCMA in an effort to strike a
balance between the competing interests of copyright owners, Internet and online
service providers and digital users. “This act creates a safe zone for online
service providers, including Internet Service Providers, against copyright
prosecution if they adhere to guidelines and take actions to block against
potential pirated materials on their network if they receive notice of infringement
(called takedown notices) from companies involved proving they have been
providing an outlet for copyright infringement. This act also provides a safe zone
from the ISP's users should the material in question prove to be legitimate.” 2
Title III Summary
Called the Computer Maintenance Competition Assurance Act. The Title is only a
short paragraph in the DMCA, this title modifies an existing section of the original
copyright act stating that repair technicians can make temporary backups of a
client’s data, hardrive, etc. in the interest of preserving data for their client.
Title IV Summary
“DMCA Title IV provides the following misc. provisions:
Clarified and put additional duties of the Copyright Office
Added provisions for ephemeral copy for broadcasters
Added provisions to aid distance education facilities
Added provisions to assist libraries in keeping copies of sound recordings
Added provisions in regards to the transfer of movie rights and collective
bargaining”3
Title V Summary
Note: The only Title that is not related to Digital Media. This Title protects the hull
designs of a bot. “Boat hull designs were not originally viewed as copyrighted
material because they are useful articles that cannot be separated from their
intended function.”4
Key Points/Test Questions
What treaties started the creation of the DMCA? (A: WIPO)
According to DMCA would YouTube be the one’s to sue for
client’s videos? (A: No, the ISP is no longer responsible)
2
Lee, Timothy, DMCA, March 30 2008,
http://www.afterdawn.com/glossary/terms/dmca.cfm (October 5, 2009)
3
Idem
4
Idem