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- Digital Millennium Copyright Act (DMCA) [x]
- Networking and Emerging Technologies [x]
- Copyright (11)
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- Intellectual Property (11)
- Policy and Law (11)
- Information Technology Management and Leadership (7)
- Network Applications (5)
- Copyright Infringement (4)
- Streaming Media (4)
- Fair Use (3)
- Libraries and Technology (3)
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- Bandwidth Management (2)
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- Campus Policy and Law (2)
- Digital Library Services (2)
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The Digital Millennium Copyright Act
The 1998 enactment of the Digital Millennium Copyright Act (DMCA) represents the most comprehensive reform of United States copyright law in a generation. The DMCA seeks to update U.S. copyright law for the digital age in preparation for ratification of the World Intellectual Property Organization (WIPO) treaties.
Key among the topics included in the DMCA are provisions concerning the circumvention of copyright protection systems, fair use in a digital environment, and online service provider (OSP) liability (including details on safe harbors, damages, and "notice and takedown" practices). Resources on these and other topics are included below.
"Folder-based" vs. "transmission-based" DMCA notices: As part of our investigation into the recent "spike" in DMCA notifications sent to campuses by the RIAA, EDUCAUSE has learned some details we believe will be of importance to many in the higher education community. Read Mark Luker's Statement (May12, 2008)
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- Digital Millennium Copyright Act of 1998 (U.S. Copyright Office)
On October 28, 1998, H.R. 2281, the Digital Millennium Copyright Act (DMCA), was enacted into law to address copyright issues with digitally formatted intellectual property.
- Summary of the Digital Millennium Copyright Act of 1998 (U.S. Copyright Office)
This December 1998 memorandum by the U.S. Copyright Office provides an overview of the law's provisions and briefly summarizes each of the five titles of the DMCA.
- 2003 Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works (U.S. Copyright Office)
On October 28, 2003, Librarian of Congress James Billington once again issued exceptions to the DMCA prohibition on circumventing technological locks intended to prevent access to copyrighted digital works. These exemptions will remain in effect through October 27, 2006.
- Study Required by Section 104 of the Digital Millennium Copyright Act (U.S. Copyright Office)
Section 104 of the DMCA directs the Register of Copyrights and the Assistant Secretary of Commerce for Communications and Information to prepare a report for the Congress examining the effects of the amendments made by title 1 of the Digital Millennium Copyright Act, ("DMCA") and the development of electronic commerce on the operation of sections 109 and 117 of title 17, United States Code, and the relationship between existing and emerging technology and the operation of such sections.
- Statement of the Librarian of Congress Relating to Section 1201 Rulemaking (U.S. Copyright Office) The Librarian of Congress released a statement on exemptions to the Digital Millennium Copyright Act, which greatly expands access to encrypted, copyrighted works for fair use purposes. (July 26, 2010)
DMCA Resource Pages
- EDUCAUSE: FAQ for DMCA Designated Agents at Higher Education Institutions
- ALA DMCA Resources
- ARL DMCA Resources
- EFF DMCA Resources
- Public Knowledge DMCA Resources
Other DMCA Resources
- Digital Rights Management
This list was created for the discussion on digital rights management (DRM) development in support of the building and sharing of digital resource collections.
- Unintended Consequences: Twelve Years under the DMCA (Electronic Frontier Foundation – EFF)
This white paper provides a description of some of the very real problems that have already appeared because of the DMCA.
- A Primer on Distance Learning and Intellectual Property Issues(Dow, Lohnes & Albertson)
This primer highlights copyright issues and how they pertain to distance learning.
- Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers (Lutzker & Lutzker LLP and the Association of Research Libraries – ARL) 2001
This memorandum explains in detail the new DMCA provisions pertaining to OSP liability, including "notice-and-takedown" requirements, "notice and put-back," and certain safe harbors contained in Title II of the DMCA.
Library Items on this Topic
EDUCAUSE Library Items for Digital Millennium Copyright Act (DMCA)
- To Maus or Not to Maus: Technically, That Is the Question
May 6, 2013
Key Takeaways What should a Maus book owner do when he can't access the multiple copies he owns on all his various devices, including the newest, an iPad ? In …
- Copyright Office Issues Its Priorities and Those of Interest to Higher Education
October 27, 2011
Register of Copyrights Maria A. Pallante recently made public her office’s priorities and special projects through October 2013. The document articulates 17 priorities in the areas of copy…
- UCLA Streaming Video Case Dismissed
October 5, 2011
On Monday, October 3 rd , a federal judge in Los Angeles dismissed the copyright infringement lawsuit brought by AIME (Association for Information Media and Equipment, whose members includ…
- Does Higher Education Need a New Ethical Framework for the Internet?
March 22, 2011
This ECAR research bulletin is designed to help decision makers in higher education assess the applicability of four significant historical codes of ethics as they evaluate their current polic…
- Fighting a Copyright Charge
March 4, 2010
UCLA says it will start streaming videos on course Web sites again -- despite legal threats from an educational media trade group. UCLA says it …
- Implementing an Enterprise Streaming Media System
January 15, 2010
A session at the EDUCAUSE Mid-Atlantic Regional Conference 2010
In spring 2009, Penn College rolled out a new enterprise streaming media system, with the intent of eventually replacing physical media on campus. This presentation will offer a step-by-step analys…
- Copyright, Fair Use, and Teaching and Learning Innovation in a Web 2.0 World
July 28, 2009
This ECAR research bulletin reviews some of the basic tenets of copyright in the digital millennium. Specifically, it discusses the ways in which copyright law, fair use provisions, and the TEACH…
- Colleges serious about dealing with copyright, P2P issues
December 5, 2007
"If you were responsible for a college's network and were faced with infringement notices from the recording and motion picture industries, how would you handle them? That's the qu…
- 2007 Policy Conference: Year In Review
June 5, 2007
The 2007 Policy Conference kicked off with a top-ten style list of Policy Issues currently facing higher education. This entertaining and insightful list was compiled and delivered by Tracy Mit…
- Illegal P2P at Illinois State: On the Road to Good Digital Citizenship
March 13, 2007
A session at the EDUCAUSE Midwest Regional Conference 2007
Illinois State University has embarked on a multifaceted comparative study of what works and what doesn't regarding P2P, media, and copyright on campus including RIAA and MPAA involvement. Hea…