Digital Millennium Copyright Act
President Clinton passed the DMCA on October 28, 1998. This act implements two WIPO (World Intellectual Property Organization) treaties: the WIPO Copyright Treaty and the Phonograms treaty. The DMCA also caters other copyright issues. It is divided into five different titles:
Title I: WIPO Copyright and Performances and Phonograms Treaties Implementation Act
This act has two major segments; firstly it provides insight on the technical changes in the US law and secondly it forms ban in the title 17 of the US Code. It is mandatory for the US Copyright Office that they should perform studies collectively with the National Telecommunications and Information Administration of the Department of Commerce.
Title II: Online Copyright Infringement Liability Limitation Act
This act introduces a new section 512 along with four new restrictions on the liability for online copyright violation by the other online service providers. It is based on four different types:
a. Communications: It details that the service providers are not responsible for what run through their networks, even if it is breaks and they are aware of it.
b. System caching: If the system caching is done in pre-determined manners and ways which do not interfere with the protection system; it is acceptable.
c. Information Storage: It is for the information stored on the home pages, web sites and many other services. It is the result of the immense activity which took place in relation to the law.
d. Tools for locating information: Different search engines are there to search information.
Each limitation is distinct in different ways from each other. It also decides that does the service provider meet the requirements for any of the other three. Title II establishes a method by which the copyright owner can obtain a command from a federal court which orders the service provider to reveal the uniqueness of a subscriber who is engaged in breaching the activities. Section 512 also mentions that the service providers are not allowed to choose between the limitation and the preservation of the privacy of the subscribers.
Title III: Computer Maintenance Competition Assurance Act
This act amends in the section 117 of the copyright allows the owner to copy the required programs for the maintenance and repairing of the system.
Title IV: Miscellaneous Provisions
The miscellaneous provisions are:
a. Elaboration and newly added duties of the Copyright
Office: New languages and clauses are added in the act.
b. Added brief copies for the provisions for the
broadcasting.
c. Clauses to smoothen the process of the distance learning
d. Clauses to keep the copies of different recordings
e. Rights to transfer the movies are also added in this
list.
Title V: Vessel Hull Design Protection Act
Title V adds up to the sections 1301 to 1332 to protect the original designs of some of the important write-ups that make the content eye-catching or different from others.
The DMCA had impact on many research communities in one way or the other.
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