President Bill Clinton Signed The Digital Millennium Copyright Act, Public Law 105-304, Amending Title 17 Of The United States Code. The Act Implemented The 1996 WIPO Copyright Treaty And The WIPO Performances And Phonograms Treaty, Aligning United States Law With Those Agreements And Addressing Issues Presented By Digital Networks. Congress Enacted The Statute To Clarify Rights And Responsibilities Online, To Define Rules For Technological Protection Measures, And To Specify Liability Limits For Online Service Providers.
The Statute Contains Five Titles. Title I Implements The WIPO Treaties And Adds New Provisions Concerning Technological Protection Measures And Copyright Management Information. It Prohibits Circumvention Of A Technological Measure That Effectively Controls Access To A Work Protected Under Title 17 And Prohibits Trafficking In Devices Or Services Primarily Designed To Circumvent Such Measures. It Also Protects Copyright Management Information Against Knowing Removal Or Alteration In Specified Circumstances. These Rules Appear In Chapter 12 Of Title 17, Including Sections 1201 And 1202, With Criminal Penalties Provided In Section 1204.
Title II Establishes The Online Copyright Infringement Liability Limitation Act And Sets Forth Safe Harbor Provisions In Section 512. The Law Limits Monetary Liability For Qualifying Service Providers That Transmit, Cache, Store At The Direction Of Users, Or Provide Information Location Tools When They Meet Statutory Conditions. Those Conditions Include Adopting And Reasonably Implementing A Policy For Terminating Repeat Infringers, Accommodating Standard Technical Measures, Designating An Agent To Receive Notices, And Responding Expeditiously To Proper Notifications. The Safe Harbors Preserve Equitable Remedies In Certain Circumstances, But They Provide Predictability For Services That Follow The Process.
Title III Creates A Limited Exemption For Computer Maintenance Or Repair Permitting Temporary Copies Necessary For Servicing A Machine. Title IV Contains Miscellaneous Provisions, Including Measures Relating To Distance Education, Library And Archives Exceptions, Ephemeral Recordings By Broadcasters, And Statutory Licenses For Certain Digital Audio Transmissions. Title V Establishes The Vessel Hull Design Protection Act, Extending A Time Limited Form Of Design Protection To Qualifying Boat Hulls. Together, The Titles Reflect A Comprehensive Legislative Response To Digital Distribution And Networked Access.
The Anti Circumvention Framework Includes A Triennial Rulemaking Under Section 1201(a)(1)(C). The Librarian Of Congress, Acting On The Recommendation Of The Register Of Copyrights, May Exempt Particular Classes Of Works From The Prohibition On Circumventing Access Controls When Users Would Otherwise Be Adversely Affected In Making Noninfringing Uses. This Process Occurs Every Three Years And Has Produced Successive Exemptions That Remain In Effect For A Three Year Period Until Renewed Or Replaced.
The Statute’s Historical Significance Lies In Its Dual Structure. By Enacting Anti-Circumvention Provisions, Congress Responded To The Risk That Access Controls And Copy Controls Could Be Defeated At Scale, Undermining Lawful Markets For Digital Works. By Establishing Section 512 Safe Harbors, Congress Clarified The Conditions Under Which Service Providers Operate Without Incurring Monetary Liability For User Activity. The Safe Harbors Cover Transitory Digital Network Communications, System Caching, Storage At The Direction Of Users, And Information Location Tools, Thereby Supporting Network Functionality And Hosting Services While Preserving Enforcement Through Notice And Takedown.
The Act Also Directs Studies And Reports. Section 104 Requires An Evaluation Of The Effects Of Title I And The Development Of Electronic Commerce On Sections 109 And 117, Which Address First Sale And The Making Of Copies Of Computer Programs As An Essential Step In The Utilization Of A Program. The Copyright Office And The Department Of Commerce Reported To Congress Pursuant To That Mandate, Providing Data And Analysis To Inform Ongoing Oversight And Future Adjustments.
Since Enactment, Implementation Has Continued Through Regulations, Administrative Guidance, And Judicial Interpretation, But The Central Features Trace To The October 28, 1998 Law. Section 512 Has Framed Procedures Used By Online Services To Receive Notices, Remove Or Disable Access To Allegedly Infringing Material, And Restore Material When A Valid Counter Notification Is Received. Section 1201 Has Defined The Legal Status Of Access Control Circumvention And Established A Recurring Process To Identify Limited Exceptions For Noninfringing Uses.
The DMCA’s Enduring Impact Is Evident In The Routine Operation Of Libraries, Archives, Educational Institutions, Technology Developers, And Online Service Providers That Structure Policies In Light Of The Statute. By Implementing International Treaties, Defining Anti-Circumvention Rules, Codifying Safe Harbors, And Establishing Ongoing Review Mechanisms, The Law Set A Stable Framework For Digital Commerce And Access To Works Within The United States. The Historical Record Marks The Act As A Major Federal Copyright Statute Of The Late Twentieth Century, Enacted On October 28, 1998, And Published As Public Law 105-304.
References / More Knowledge:
U.S. Copyright Office. (1998). The Digital Millennium Copyright Act Of 1998 (Summary). Retrieved From https://www.copyright.gov/legislation/dmca.pdf
U.S. Copyright Office. (2001). Digital Millennium Copyright Act Section 104 Report. Retrieved From https://www.copyright.gov/reports/studies/dmca/dmca_executive.html
Cornell Law School Legal Information Institute. (n.d.). Digital Millennium Copyright Act (DMCA). Retrieved From https://www.law.cornell.edu/wex/digital_millennium_copyright_act
American Library Association. (n.d.). Digital Millennium Copyright Act. Retrieved From https://www.ala.org/advocacy/copyright/dmca
Congress.gov. (1998). H.R. 2281 — Digital Millennium Copyright Act (105th Congress). Retrieved From https://www.congress.gov/bill/105th-congress/house-bill/2281