The Digital Millennium Copyright Act (or DMCA) is a law in the United States, which deals with copyright infringement on the Internet. The law also makes it illegal to produce technology that can be used to get around measures put in place to protect copyright. Under the DMCA, there are penalties for infringing copyright on the Internet. There are five titles to the DMCA. These are:

•    World Intellectual Property Organization (or WIPO) Copyright and Performances and Phonograms Treaties Implementation Act
•    Online Copyright Infringement Liability Limitation Act
•    Computer Maintenance Competition Assurance Act
•    Miscellaneous Provisions
•    Vessel Hull Design Protection Act

The legislation was signed into law by President Bill Clinton in October 1998. The DMCA also contained amendments to existing law to increase protection against copyright infringements.

Overall, passage of the DMCA came as a response to treaties signed in 1996 at the World Intellectual Property Organization (WIPO) conference in Geneva. The DMCA addresses issues included in these treaties and adds provisions related to copyright.

Opposition to the DMCA

The DMCA has not been good news for everyone. There are a number of people opposed to the legislation, including scientists, librarians and academics. There is also a group called anti-DMCA, which has a website for news and updates on court cases testing the legality of the DMCA. The Electronic Frontier Foundation is another group that defends freedom on the Internet. Most people are opposed to the legislation because they fear that people will be unfairly prosecuted under its provision. Some of the criticism against the DMCA includes:

•    That under the DMCA, research into copyright circumvention technology will not be able to publish without the researcher facing prosecution.
•    That the DMCA will prevent new technological advances.
•    That businesses will face lawsuits for making products that can be used to circumvent copyright protection, even if this is not the reason for which the products were designed.
•    That small Internet radio stations will be forced out of business.
•    That the DMCA is in favor of copyright holders, without providing the balance between the protection of information and allowing the public access to information.
•    That the DMCA prevents competition.

In some of these cases that have been in the news, DMCA legislation has been criticized:

•    Macrovision took Sima to court for making products that can circumvent copy protection.  The Consumer Electronics Association spoke against the court’s decision, saying that Sima was only making products that could convert analog to digital.
•    VA Software founder, Larry Augustin, says the DMCA and Digital Rights Management software is killing American competitiveness and holding back new technological advances.

An Overview of the Major Provisions of the Law

The DMCA is a lengthy and detailed statute. This DMCA summary will give you a brief idea of the types of provisions it includes.
•    The DMCA makes circumventing anti-piracy measures (including those in most software) a crime.
•    The DMCA makes it illegal to manufacture, sell or distribute code-cracking devices, as these can be used to copy software.
•    The DMCA contains provisions where circumvention of copyright may be allowed in some situations, such as for research, libraries, archives and educational institutions.
•    The DMCA asks Internet service providers to remove material from users’ websites that infringe copyright, but does limit the copyright infringement liability of ISPs.
•    The DMCA requires people or businesses that broadcast music or video over the Internet to pay licensing fees to record companies.
•    The DMCA gives some degree of exemption to non-profit organizations against the anti-circumvention provisions.

Frequently Asked Questions about the DMCA

The Digital Millennium Copyright Act can be quite confusing. It is difficult to know whether it is good or bad and what exactly it means to the individual. Here are some of the DMCA FAQs. Please be aware that these FAQs are not meant to replace legal advice. Please seek legal advice if you believe the DMCA may have an effect on you or your business.

What does DMCA stand for?
•    The DMCA stands for The Digital Millennium Copyright Act.

Is it illegal to share copyrighted material if I don’t charge for it?
•    Yes, it is. Even if you do not make a profit, you are still violating copyright.

How can I tell if something is copyrighted?
•    Copyrighted material will usually have a copyright mark or warning on the item. However, some copyrighted material will not have a mark. It is best to assume work is copyrighted in these cases.

Can l download and share public domain material?
•    Yes. Material that is in the public domain can be freely copied and distributed. However, you need to ensure that the material really is in the public domain before copying and distributing it.

When should I seek legal advice or more information?
•    To understand the DMCA fully, you will need to speak to a legal professional who has read and understand all that the DMCA implies for you. You should seek more information or legal advice if:
o    You make any products that may be used to circumvent copyright protection.
o    You broadcast material over the Internet and are not sure whether you have the right licenses.
o    You plan on sharing or downloading files with your friends.
o    You receive a DMCA infringement notice.
o    Your Internet service is cut off because of DMCA infringements.
o    You believe you may be exempt from some DMCA provisions.
o    You have conducted research into copyright circumvention.

This is just an example of some of the times when you will need more information. There are many different cases that may be affected by the DMCA and it is best to get advice pertaining exactly to your case. Before getting legal advice, you may find the information you need on the Internet. The World Intellectual Property Organization has a lot of information about intellectual property and copyright issues. However, you will need to find information specifically dealing with the Digital Millennium Copyright Act to see how it applies to you.