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Digital Millennium Copyright Act

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Digital Millennium Copyright Act
Digital Millennium Copyright Act
U.S. Government · Public domain · source
ShorttitleDigital Millennium Copyright Act
OthershorttitlesDMCA
Enacted by105th
Effective dateOctober 28, 1998
Cite public law105-304
Acts amendedCopyright Act of 1976
Titles amended17 (Copyright)
IntroducedinHouse
IntroducedbillH.R. 2281
IntroducedbyHoward Coble (R–NC)
IntroduceddateJuly 29, 1997
CommitteesHouse Judiciary, Senate Judiciary
Passedbody1House
Passeddate1August 4, 1998
Passedvote1voice vote
Passedbody2Senate
Passeddate2September 17, 1998
Passedvote2unanimous consent
SignedpresidentBill Clinton
SigneddateOctober 28, 1998

Digital Millennium Copyright Act is a landmark piece of congressional legislation that significantly updated U.S. copyright law for the digital age. Enacted in 1998, it implemented two 1996 World Intellectual Property Organization treaties and created new legal frameworks for addressing copyright infringement online. The law introduced controversial provisions prohibiting the circumvention of technological protection measures and established safe harbors for online service providers.

Background and legislative history

The rapid growth of the World Wide Web and digital technologies in the early 1990s exposed gaps in the existing Copyright Act of 1976. International consensus for new standards coalesced at the 1996 WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty diplomatic conferences in Geneva. The Clinton administration, particularly through the efforts of Bruce Lehman at the United States Patent and Trademark Office, championed domestic implementation. Following extensive lobbying by industries including the Motion Picture Association of America and the Recording Industry Association of America, legislation was introduced by Representative Howard Coble. After negotiations involving committees like the Senate Judiciary Committee, the final bill was signed into law by President Bill Clinton in October 1998.

Key provisions

Title I, the WIPO Copyright and Performances and Phonograms Treaties Implementation Act, made technical amendments to U.S. law to comply with the Berne Convention. The most consequential titles are Title II, the Online Copyright Infringement Liability Limitation Act, which created the safe harbor system for entities like YouTube and Wikipedia, and Title IV, which addressed matters for libraries and webcasting. Title V added protection for boat hull designs. Central to the law is Section 1201, which forbids circumventing access controls and trafficking in tools designed for such circumvention, effectively protecting systems like DVD encryption.

The law fundamentally shifted the balance between copyright owners and users by legally enshrining DRM protections. It enabled the growth of the digital marketplace by giving companies like Apple legal certainty for services like the iTunes Store. The safe harbor provisions, particularly Section 512, became the legal bedrock for the Web 2.0 economy, allowing platforms such as Facebook and Twitter to operate without facing direct liability for user uploads. It also influenced the development of takedown procedures that are now a global standard for addressing alleged online infringement.

Controversies and criticism

Critics, including the Electronic Frontier Foundation and legal scholars like Lawrence Lessig, argue the anti-circumvention rules stifle fair use, security research, and competition. High-profile conflicts have involved John Deere restricting tractor repair, Lexmark controlling printer cartridges, and Apple limiting interoperability for its iPhone. The takedown system is frequently criticized for overreach and abuse, notably in cases like Lenz v. Universal Music Corp. involving a home video. Many contend the law has created a "paracopyright" regime that grants rights holders control far beyond traditional copyright scope.

Numerous lawsuits have tested the boundaries of the law's provisions. In Universal City Studios, Inc. v. Corley, the Second Circuit upheld the ban on distributing DeCSS software. The Supreme Court of the United States addressed the safe harbor in Viacom International Inc. v. YouTube, Inc., affirming broad protections for service providers. Key cases like Chamberlain Group, Inc. v. Skylink Technologies, Inc. and Lexmark International, Inc. v. Static Control Components, Inc. have interpreted the anti-circumvention statutes, often narrowing their application. The Federal Communications Commission has also been involved in rulemakings related to the law's exemptions.

International influence and comparisons

The principles of the DMCA, particularly its anti-circumvention and service provider liability frameworks, have been widely emulated. The European Union adopted similar rules in the EU Copyright Directive and the E-Commerce Directive. Nations including Japan, Australia, and Canada have passed legislation influenced by its model, such as Canada's Copyright Modernization Act. However, legal systems in some countries, like the United Kingdom's approach under the Copyright, Designs and Patents Act 1988, maintain differences in exceptions for fair dealing and the implementation of WIPO treaty obligations.

Category:United States copyright law Category:1998 in American law Category:Internet governance Category:Clinton administration initiatives