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THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998
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U.S. Copyright Office Summary
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INTRODUCTION
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December 1998
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The Digital Millennium Copyright Act (DMCA) was signed into law by
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1
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President Clinton on October 28, 1998. The legislation implements two 1996 World
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Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and
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the WIPO Performances and Phonograms Treaty. The DMCA also addresses a
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number of other significant copyright-related issues.
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The DMCA is divided into five titles:
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2010-12-25 08:41:11 +00:00
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!
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!
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!
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!
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!
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2010-03-22 04:34:52 +00:00
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Title I, the “WIPO Copyright and Performances and Phonograms
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Treaties Implementation Act of 1998,” implements the WIPO
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treaties.
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Title II, the “Online Copyright Infringement Liability Limitation
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Act,” creates limitations on the liability of online service providers for
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copyright infringement when engaging in certain types of activities.
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Title III, the “Computer Maintenance Competition Assurance
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Act,” creates an exemption for making a copy of a computer program
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by activating a computer for purposes of maintenance or repair.
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Title IV contains six miscellaneous provisions, relating to the
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functions of the Copyright Office, distance education, the exceptions
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in the Copyright Act for libraries and for making ephemeral recordings,
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“webcasting” of sound recordings on the Internet, and the applicability
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of collective bargaining agreement obligations in the case of transfers
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of rights in motion pictures.
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Title V, the “Vessel Hull Design Protection Act,” creates a new form
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of protection for the design of vessel hulls.
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This memorandum summarizes briefly each title of the DMCA. It provides
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merely an overview of the law’s provisions; for purposes of length and readability a
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significant amount of detail has been omitted. A complete understanding of any
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provision of the DMCA requires reference to the text of the legislation itself.
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2010-03-26 11:11:35 +00:00
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Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998).
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1
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2010-03-22 04:34:52 +00:00
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Copyright Office Summary
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December 1998
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Page 1
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