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The 1998 Digital Millennium Copyright Act | Bravo Design, Inc. us digital millennium copyright act 1998 definition

Bravo Design, Inc. Design Studio in Los Angeles, CA home work key art home entertainment collateral + branding motion graphics trailers print production about contact The 1998 Digital Millennium Copyright Act The Stop Online Piracy Act (SOPA) and Protect IP [Intellectual Property] Act (PIPA) Explained Posted on January 18, 2012 by skulkaew

The Stop Online Piracy Act (SOPA) and Protect IP [intellectual property] Act (PIPA) are anti-piracy bills which, if passed, would expand the ability of US law enforcement and copyright holders to fight the piracy of intellectual proper qjpkoncd. mens moncler vest bloomingdale'sty and counterfeit goods by seeking court orders against websites accused of enabling or facilitating copyright infringement. Its main targets would be “rogue” overseas sites like the Pirate Bay, a website based in Sweden, which hosts magnet links and torrent files that allow users to download digital media and software illegally. While the 1998 Digital Millennium Copyright Act (DMCA) lays out enforcement measures, it’s not enforceable against sites based in other countries. SOPA goes further by stopping companies based within the US from providing funding, advertising, links or other assistance to sites that facilitate copyright infringement. The legislation would also require search engines to remove websites from search queries altogether which opponents of the legislation liken to methods employed by regimes that suppress political dissent. Additionally, SOPA includes an “anti-circumvention” clause, which makes providing instruction on how to sidestep SOPA nearly as bad as violating its main provisions. Ultimately, this clause may be extended to cover tools like VPNs and Tor that are used by human rights groups, government officials and businesses to protect their communications and evade online spying and filtering.

Opponents of the legislation worry that the bill is so broad that it would allow content owners to target US websites that unknowingly host pirated content. This has been a particular concern for Facebook, Wikipedia and YouTube, all of which depend heavily on content uploaded by users. In the case of WikiLeaks, a site thats posts the internal communications of governments and private corporations alike, it’s hard to imagine how it wouldn’t qualify for blacklisting. Laurence Tribe, a Harvard law professor and author of a treatise titled “American Constitutional Law,” argues that SOPA is unconstitutional because, if passed, “an entire website containing tens of thousands of pages could be targeted if only a single page were accused of infringement.” For SOPA opponents, one of the most alarming qualities, in its original form, is that it lets intellectual property owners take action without a single court appearance or judicial sign-off. All it requires is a single letter claiming a “good faith belief” that the target site has infringed on a copyright. While filing false allegations is a crime, the process would put the burden of proof and cost of arbitration on the accused. Once a search engine or payment processor receives a quarantine notice, it would have five days to either comply or contest the claim in court. In the most recent version of the bill, the five day window has softened. Companies now need a warrant issued by a federal judge, but the potential for abuse still poses a significant threat as rights holders face little penalty for filing allegations without doing due diligence or considering fair use. Opponents of SOPA and PIPA believe that neither does enough to protect against false accusations. While provisions in the bills remove liability from payment processors and ad networks that cut off sites in the event a claims turn out to be false, the brunt of the blow is taken on by the site itself. Red Hat, a company that creates open source software, writes, “In a single generation, the Internet has transformed our world to such an extent that it is easy to forget its miraculous properties and take it for granted. It’s worth reminding ourselves, though, that our future economic growth depends on our ability to use the Internet to share new ideas and technology. Measures that block the freedom and openness of the Internet also hinder innovation. That poses a threat to the future success of Red Hat and other innovative companies. The sponsors of SOPA and PIPA claim that the bills are intended to thwart web piracy. Yet, the bills overreach, and could put a website out of business after a single complaint. Web sites would vanish, and have little recourse, if they were suspected of infringing copyrights or trademarks.”

US Representative for Texas's 21st congressional district, Lamar Smith

For the moment, SOPA has been tabled. It’s unlikely to recover in its present form. The most controversial portions have been excised, and may altogether be dead, but the battle still wages on. Lamar Smith, the Texas representative who first introduced SOPA, derided Wednesday’s blackout and has gone on to say, “It is ironic that a website [Wikipedia] dedicated to providing information is spreading misinformation about the Stop Online Piracy Act. The bill will not harm Wikipedia, domestic blogs or social networking sites. This publicity stunt does a disservice to its users by promoting fear instead of facts. Perhaps during the blackout, Internet users can look elsewhere for an accurate definition of online piracy. It’s disappointing that some SOPA critics appear not to have read the bill. The Stop Online Piracy Act only targets foreign websites that are primarily dedicated to illegal activity. It does not grant the Justice Department the authority to seek a court order to shut down any website operated in the US. This bill will not censor the Internet. [sic] But it will protect American workers, inventors and job creators from foreign thieves who steal our products, technology and intellectual property.” Smith has since promised to reintroduce the bill for discussion in February. He and the bills’ supporters dismiss accusations of censorship as the freedom of speech doesn’t include and/or protect criminal behavior. While SOPA’s critics accuse the bills’ backers of failing to understand the unintended implications and collateral damage which may result from the legislation being considered, both sides will have to come together in finding a resolution that protects copyright holders and innovation here and abroad.

To see SOPA in its entirety, click here. To read more about PIPA, click here.

Photo credit: Stan Honda/AFP/Getty Images

Update – 01/20/12 @ 11:20am : SOPA is dead.

Posted in Technology / Politics Tagged Anti-Circumvention Clause, Anti-Piracy Bills, Copyright Holders, Copyright Infringement, Counterfeit Goods, DMCA, Good Faith Belief, Lamar Smith, PIPA, Protect Intellectual Property Act, SOPA, The 1998 Digital Millennium Copyright Act, The Stop Online Piracy Act In The Blog The Amazing Spider-Man 2 May 2, 2014 The Other Woman April 21, 2014 Transcendence April 17, 2014 Rio 2 April 11, 2014 Hello world! March 25, 2014 Bravo Design Blog Archives Bravo Design Blog Archives Select Month May 2014  (1) April 2014  (3) March 2014  (2) February 2014  (2) January 2014  (1) December 2013  (1) October 2013  (3) September 2013  (2) August 2013  (3) July 2013  (8) June 2013  (8) May 2013  (7) April 2013  (5) March 2013  (3) February 2013  (3) January 2013  (2) December 2012  (2) November 2012  (4) October 2012  (7) September 2012  (6) August 2012  (10) July 2012  (9) June 2012  (10) May 2012  (3) April 2012  (7) March 2012  (9) February 2012  (8) January 2012  (4) December 2011  (2) September 2011  (1) August 2011  (1) May 2011  (2) April 2011  (2) March 2011  (4) November 2010  (1) Topics of Discussion Topics of Discussion Select Category Advertising & Marketing  (38) Corporate  (3) Films & Media  (83) News  (11) Office Mischief  (2) Our Work  (43) Social Networks & Promotion  (15) Software / Downloads  (3) Technology / Politics  (20) Tips / Tutorials  (48) Uncategorized  (1) Web Design  (15)
us digital millennium copyright act 1998 definition

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us digital millennium copyright act google Your Guide to The Digital Millennium Copyright Act of 1998 350) this.width=350" alt="The Digital Millennium Copyright Act Of 1998 Background" align="right" class="articleImg post-img" /> Must Read

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There have been many and various types of copyright acts amended or modified to the original and first Copyright Act of the United States, the Copyright Act of 1790. One of the main reasons for such provisions is simply the fact that technology and science have advanced tremendously since the first copyright law's inception, and unfortunately, has also offered an avenue for piracy and copyright infringement.

With the seemingly infinite amount of information and material available on the internet, it seemed only a matter a time until illegal activity would be found to proliferate with its use, with copyright infringement being one of the key occurrences. Therefore, the 105th United States Congress made a motion to implement legislation to curtail and limit the amount of piracy and copyright infringement on the internet, which also included other various electronic sources and technological advancements. The Digital Millennium Copyright Act of 1998 would become the Copyright Act whose mission was to put an end to such criminal actions.

The Digital Millennium Copyright Act would implement into United States law two treaties as provided under the World Intellectual Property Organization, or WIPO. These two treaties would be known as the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. Furthermore, the Digital Millennium Copyright Act, or DMCA, would also implement its own copyright-related provisions in the new United States legislation.

The Digital Millennium Copyright Act is divided into five subsections, each detailing specific restrictions or regulations for copyright infringement and anti-piracy control. The first sections essentially address the two treaties originally drafted by the WIPO. The first issued addressed is that the United States will comply with the WIPO treaties and their respective provisions. Firstly, the United States must recognize the copyrighted works or materials of foreign countries, as well as those works that have been made available--legally or illegally--in the U.S. but not yet in their original country of origin.

Secondly, the U.S. would recognize all foreign copyrighted work, even though those may have not been registered with the United States Copyright Office. This provision was important because of the fact that the U.S. will not allow for lawsuits of copyright infringement to be made if the work is not properly registered with the the Copyright Office once the work is published or distributed commercially. This allowed for the owners of copyrighted works or materials of foreign countries to bring infringement suits, even if not registered under United States legislation.

The third and last WIPO provision adopted by the DMCA deals with the technology, services, or electronic devices used to circumvent measures to obtain access to copyrighted material. Employing such measures would be considered unlawful and prosecutable under criminal law in the United States. This provision also extended to include the use of circumvention of technological protection measures to gain access, regardless of whether or not copyright infringement is committed. The action itself of bypassing control measures would be considered illicit.

It also includes a provision for maintaining illegal the action of copying a copyrighted work without the original copyright owner's consent, regardless of the measures employed to gain access to the work itself. An exemption to this provision includes the copying of a work for legitimate purposes. In other words, under certain circumstances, the bypassing of technological protection measures may be allowed to make a copy of the work for legal purposes, but not in the case of circumventing for illegal purposes or without the consent of the copyright owner. This provision also includes the manufacturing, production, distribution, or marketing of any device, program, or software that is meant for the illegal bypassing of protection measures.

There are exceptions allowed by the Digital Millennium Copyright Act for the use of bypassing technology measures, as well their respective devices or software. These exemptions include:

Use by/for Law Enforcement purposes

Non profit libraries and educational institutions

The exceptions are made with the condition that these institutions may circumvent protection measures only to review a certain work for inclusion for legal use at a later time, with the intentions of legal acquisition.

Reverse engineering

The exemption is made for the bypassing of technological measures for the purpose of research and scientific study by an authorized individual for the analysis of computer programs and their possible compatibility with other existing programs, as long as such action coincides under other copyright acts and laws.

Encryption research

In order to verify and account for possible flaws in the actual technological means implemented to prevent illegal access to copyrighted material and other encryption technology, as approved by law.

Protection of minors

Personal privacy

The circumvention is allowed when such technology may collect personal information of a user regarding online activities without the user's permission.

Security testing of computers

The second section of the Digital Millennium Copyright Act refers to an internet service provider's plausible liability for copyright infringement or piracy committed by its users. It states that ISPs are responsible for the actions of their user's and cannot be held liable, as long as certain implementations are applied by the ISP. This includes informing their users by instituting a policy which makes it clear that copyright infringement is illegal and that using their service for such purposes will lead to the cancellation of the service, as well as applicable punishment by law.

A copyright holder may seek to subpoena an ISP in order to provide information regarding particular users responsible or guilty of copyright infringement. Furthermore, ISPs must also be considered as enacting one of the following as part of their service to not be considered liable:

Transitory communications

System caching

Storage of information on networks or systems

Information location tools

The third section simply states that individuals may make copies of copyrighted material or programs on computers for the purpose of repair or maintenance. Once the repairs are done, such copies must be destroyed immediately. Such computer programs must have been lawfully installed in the computer as a condition of this provision.

The fourth section deals with miscellaneous provisions as the use of ephemeral copies for broadcast purposes, such as making a copy of music onto a hard drive for convenience and programming purposes. Other examples include distance education, library copies of phonorecords, webcasting issues, and motion picture agreements between producers and compensation of actors, writers, and/or directors. The fifth provision deals with the use and protection of original designs as "useful articles" and refers to hulls of vessels no longer than 200 feet.

NEXT: Educational Fair Use Section 107

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Also found in: Thesaurus , Legal , Financial , Encyclopedia . cop·y·right   (kŏp′ē-rīt′) n. The legal right granted to an author, composer, playwright, publisher, or distributor to exclusive publication, production, sale, or distribution of a literary, musical, dramatic, or artistic work. adj. 1. Of or relating to a copyright: copyright law; a copyright agreement. 2. Protected by copyright: permission to publish copyright material. tr.v. cop·y·right·ed, cop·y·right·ing, cop·y·rights To secure a copyright for. cop′y·right′a·ble adj. cop′y·right′er n. Thesaurus Antonyms Related Words Synonyms Legend: Switch to new thesaurus Adj. 1. copyrighted - (of literary or musical or dramatic or artistic work) protected by copyright; "permission to publish copyright material" literature - creative writing of recognized artistic value music - an artistic form of auditory communication incorporating instrumental or vocal tones in a structured and continuous manner proprietary - protected by trademark or patent or copyright; made or produced or distributed by one having exclusive rights; "`Tylenol' is a proprietary drug of which `acetaminophen' is the generic form"

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