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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)
- Alphabet Soup: A P2P, DMCA, and HEOA FAQ
May 18, 2011
Colleges and universities, like all Internet service providers, may benefit from the safe harbor provided by the Digital Millennium Copyright Act (DMCA) , provided that they take certain steps…
- Tune In May 18: Alphabet Soup: A P2P, DMCA, and HEOA FAQ
May 11, 2011
Three speakers with hard-won experience will provide practical advice on dealing with copyright infringement on campus networks in this free hour-long webinar, â€œ Alphabet Soup: A P2P, DMCA…
- An EDUCAUSE Update on P2P
March 16, 2010
A session at the EDUCAUSE Midwest Regional Conference 2010
The content industry continues to battle peer-to-peer file sharing on campus and commercial networks, both with sticks (DMCA notices, three-strikes legislation) and with carrots (a growing number o…
- Meet the Expert: P2P Update
February 18, 2010
A session at the EDUCAUSE Southwest Regional Conference 2010
What are the requirements and options governing how campus networks deal with P2P now and in the future? Not a month has gone by in the past couple of years without a major news story related to th…
- Dealing With the Higher Education Opportunity Act's New Copyright Protection Requirements
November 20, 2009
Memorandum from the office of Zick Rubin concerning how colleges and universities should deal with the Higher Education Opportunity Act's new copyright protection requirements. …
- Seminar 01P - An EDUCAUSE Update on Peer-to-Peer File Sharing: Requirements, Options, and the Future
November 3, 2009
A session at the EDUCAUSE 2009 Annual Conference
Not a month has gone by in the past couple of years without a major news story related to the battle between the content industry and peer-to-peer file sharing over campus networks. While the RIAA …
- E08 Podcast: An Interview with Sheri Thompson, IT Planning and Communications Officer for Louisiana State University
July 28, 2009
This fourteen minute podcast features an interview with Sheri Thompson , IT Planning and Communications Officer for Louisiana State University. The conversation was recorded at the EDUCAUSE 20…
- Advice to ISP's: Sign up for RIAA 101 at a college near you
December 29, 2008
Update (Jan. 4, 2009): According to a report today in the Wall Street Journal, the RIAA is replacing MediaSentry (see references below) by a Danish company, DtecNet Software. Good news? Bad…
- E08 Podcast: Digging Deep with P2P: Understanding Students' Media Habits
November 19, 2008
This thirteen-minute podcast features a panel update recorded at the EDUCAUSE 2008 Annual Conference. The panel discussion is entitled, " Digging Deep with P2P: Understanding Students'…
- Illegal File Sharing 101
November 17, 2008
© 2008 Kent Wada. The text of this article is licensed under the Creative Commons Attribution-Noncommercial-Share Alike 3.0 license ( http://creativecommons.org/licenses/by-nc-sa/3.0/ ). …