The Digital Millennium Copyright Act (“DMCA”), codified in part in 17 U.S.C. § 1201, makes it illegal to circumvent technological measures used to prevent unauthorized access to copyrighted works, including copyrighted books, movies, videos, video games, computer programs. Section 1201, however, also instructs the Librarian of Congress to make determinations in a rulemaking proceeding every three years, upon the recommendation of the Register of Copyrights, evaluating and, as appropriate, adopting limited exemptions from the general prohibition against circumvention of access controls.

Title I: WIPO Copyright and Performances and Phonograms Treaties Implementation Act DMCA Title I, the WIPO Copyright and Performances and Phonograms Treaties Implementation Act, amends U.S. copyright law to comply with the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, adopted at the WIPO Diplomatic Conference in December 1996. The treaties have two major portions. One portion includes works covered by several treaties in U.S. copy prevention laws and gave the title its name. For further analysis of this portion of the Act and of cases under it, see WIPO Copyright and Performances and Phonograms Treaties Implementation Act. The second portion (17 U.S.C. 1201) is often known as the DMCA anti-circumvention provisions. These provisions changed the remedies for the circumvention of copy-prevention systems (also called "technical protection measures") and required that all analog video recorders have support for a specific form of copy prevention created by Macrovision (now Rovi Corporation) built in, giving Macrovision an effective monopoly on the analog video-recording copy-prevention market. The section contains a number of specific limitations and exemptions, for such things as government research and reverse engineering in specified situations. Although, section 1201(c) of the title stated that the section does not change the underlying substantive copyright infringement rights, remedies, or defenses, it did not make those defenses available in circumvention actions. The section does not include a fair use exemption from criminality nor a scienter requirement, so criminal liability could attach to even unintended circumvention for legitimate purposes.[3] Title II: Online Copyright Infringement Liability Limitation Act DMCA Title II, the Online Copyright Infringement Liability Limitation Act ("OCILLA"), creates a safe harbor for online service providers (OSPs, including ISPs) against copyright infringement liability, provided they meet specific requirements.[4] OSPs must adhere to and qualify for certain prescribed safe harbor guidelines and promptly block access to alleged infringing material (or remove such material from their systems) when they receive notification of an infringement claim from a copyright holder or the copyright holder's agent. OCILLA also includes a counternotification provision that offers OSPs a safe harbor from liability to their users when users claim that the material in question is not, in fact, infringing. OCILLA also facilitates issuing of subpoenas against OSPs to provide their users' identity. Title III: Computer Maintenance Competition Assurance Act DMCA Title III modified section 117 of the copyright title so that those repairing computers could make certain temporary, limited copies while working on a computer. It reversed the precedent set in MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511 (9th Cir. 1993). Title IV: Miscellaneous Provisions DMCA Title IV contains an assortment of provisions:Clarified and added to the duties of the Copyright Office.Added ephemeral copy for broadcasters provisions, including certain statutory licenses.Added provisions to facilitate distance education.Added provisions to assist libraries with keeping phonorecords of sound recordings.Added provisions relating to collective bargaining and the transfer of movie rights.

Text provided

  • Digital Economy Act 2010
  • Copyright Term Extension Act (1998)
  • Copyright Law of the United States of America (Library of Congress) (англ.)
  • BALANCE Act, Benefit Authors without Limiting Advancement or Net Consumer Expectations Act of 2003

See also

  • Cullins, Ashley Music Industry A-Listers Call on Congress to Reform Copyright Act Hollywood Reporter. April 5, 2016
  • 17 U.S.C. 101 (defining "Pictorial, graphic and sculptural works" as "Such works shall include works of artistic craftsmanship insofar as their form but not their mechanical or utilitarian aspects are concerned; the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article."
  • Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies" (PDF). www.federalregister.gov. Retrieved 2016-04-04. This article incorporates text from this source, which is in the public domain.
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