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Digital Millennium Copyright Act: Difference between revisions

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Created page with "{{Infobox U.S. legislation | fullname = 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. | acronym = DM, DMCA | enacted by = 105th | effective date = October 28, 1998 | cite public law = Pub. L. 105-304 | public law url = https://www.gpo.gov/fdsys/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf | cite stat..."
 
m categorize under us legislation as well
 
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{{Infobox U.S. legislation
{{StubNotice}}
| fullname = To amend [[Title 17 of the United States Code|title 17, United States Code]], to implement the [[World Intellectual Property Organization]] Copyright Treaty and Performances and Phonograms Treaty, and for other purposes.
{{ToneWarning}}
| acronym = DM, DMCA
 
| enacted by = 105th
 
| effective date = October 28, 1998
The '''[[wikipedia:Digital_Millennium_Copyright_Act|Digital Millenium Copyright Act]]''' (DMCA) is a copyright law passed in 1998 to amend Title 17 of the United States Code. Among its provisions are the criminalization of production and dissemination of information intended to circumvent copy protections that protect intellectual property, such as those considered digital rights management. It was later amended in 1998 to shield from liability ISPs that consumers may use to gain access to such information.
| cite public law = Pub. L. 105-304
 
| public law url = https://www.gpo.gov/fdsys/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf
The law also provides that the Library of Congress issue exemptions from the prohibition when it is shown that access-control technology has had a substantial adverse effect on the ability of people to make non-infringing uses of copyrighted works. These exemptions are not granted in perpetuity. They are revised every 3 years all at once and existing exemptions must be resubmitted for the next rulemaking cycle alongside any new ones.
| cite statutes at large = {{usstat|112|2860}}
 
| acts amended = [[Copyright Act of 1976]]
This law is one of the earliest to address the era of digital multimedia where previous law was deemed insufficient with the technology of the time period (even though its affect covers all digital information). Although the law is meant to supplement intellectual property rights, there are concerns that it comes into conflict with consumers' interests. This includes due to the specific text of the law, as well as its interpretation being used to attack activity by consumers that would otherwise be permitted. Concerns over Right to Repair, Fair Use, and an overall lack of useful paths to refute or redress accusations of violating the law remain.
| title amended = 5 (Government Organization and Employees); 17 (Copyrights); 28 (Judiciary and Judicial Procedure); 35 (Patents)
 
| sections created = 17 U.S.C. §§ 512, 1201–1205, 1301–1332; 28 U.S.C. § 4001
[[Category:Common terms]]
| sections amended = 17 U.S.C. §§ 101, 104, 104A, 108, 132, 114, 117, 701
[[Category:Legislation]]
| leghisturl = https://www.congress.gov/bill/105th-congress/house-bill/2281
[[Category:US legislation]]
| introducedin = [[United States House of Representatives|House of Representatives]]
| introducedbill = H.R. 2281
| introducedby = [[Howard Coble]] ([[Republican Party (United States)|R]]-[[North Carolina|NC]])
| introduceddate = July 29, 1997
| committees = [[United States House Committee on the Judiciary|House Judiciary Committee]] (Subcommittee on Courts and Intellectual Property); [[House Commerce Committee]] (Subcommittee on Telecommunications, Trade, and Consumer Protection)
| passedbody1 = [[United States House of Representatives|House]]
| passeddate1 = August 4, 1998
| passedvote1 = [[voice vote]]
| passedbody2 = [[United States Senate|Senate]]
| passeddate2 = September 17, 1998
| passedvote2 = unanimous consent
| conferencedate = October 8, 1998
| passedbody3 = [[United States Senate|Senate]]
| passeddate3 = October 8, 1998
| passedvote3 = consent
| passedbody4 = [[United States House of Representatives|House]]
| passeddate4 = October 12, 1998
| passedvote4 = voice vote
| signedpresident = [[Bill Clinton]]
| signeddate = October 28, 1998
| amendments =
| shorttitle =
| unsignedpresident =
| vetoedpresident =
}}The Digital Millennium Copywrite Act

Latest revision as of 17:17, 20 February 2025

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The Digital Millenium Copyright Act (DMCA) is a copyright law passed in 1998 to amend Title 17 of the United States Code. Among its provisions are the criminalization of production and dissemination of information intended to circumvent copy protections that protect intellectual property, such as those considered digital rights management. It was later amended in 1998 to shield from liability ISPs that consumers may use to gain access to such information.

The law also provides that the Library of Congress issue exemptions from the prohibition when it is shown that access-control technology has had a substantial adverse effect on the ability of people to make non-infringing uses of copyrighted works. These exemptions are not granted in perpetuity. They are revised every 3 years all at once and existing exemptions must be resubmitted for the next rulemaking cycle alongside any new ones.

This law is one of the earliest to address the era of digital multimedia where previous law was deemed insufficient with the technology of the time period (even though its affect covers all digital information). Although the law is meant to supplement intellectual property rights, there are concerns that it comes into conflict with consumers' interests. This includes due to the specific text of the law, as well as its interpretation being used to attack activity by consumers that would otherwise be permitted. Concerns over Right to Repair, Fair Use, and an overall lack of useful paths to refute or redress accusations of violating the law remain.