Digital Millennium Copyright Act: Difference between revisions
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The '''[[wikipedia:Digital_Millennium_Copyright_Act|Digital Millenium Copyright Act]]''' (DMCA) is a copyright law passed in 1998 to amend Title 17 of the United States Code.<ref>{{Cite web |date=1998-10-28 |title=Digital Millennium Copyright Act |url=https://www.govinfo.gov/content/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf |url-status=live |archive-url=https://web.archive.org/web/20260125064622/https://www.govinfo.gov/content/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf |archive-date=2026-01-25 |access-date=2026-02-03 |website=GovInfo}}</ref><ref name=":0">{{Cite web |date=1998-10-08 |title=H.R.2281 - Digital Millennium Copyright Act |url=https://www.congress.gov/bill/105th-congress/house-bill/2281 |url-status=live |archive-url=https://web.archive.org/web/20260201003346/https://www.congress.gov/bill/105th-congress/house-bill/2281 |archive-date=2026-02-01 |access-date=2026-02-03 |website=Congress.gov}}</ref> Among its provisions are criminalizing the production and dissemination of information intended to circumvent copy protections that protect intellectual property, such as those considered digital rights management. It was later amended in 1998 to shield from liability ISPs that consumers may use to gain access to such information. | The '''[[wikipedia:Digital_Millennium_Copyright_Act|Digital Millenium Copyright Act]]''' (DMCA) is a copyright law passed in 1998 to amend Title 17 of the United States Code.<ref>{{Cite web |date=1998-10-28 |title=Digital Millennium Copyright Act |url=https://www.govinfo.gov/content/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf |url-status=live |archive-url=https://web.archive.org/web/20260125064622/https://www.govinfo.gov/content/pkg/PLAW-105publ304/pdf/PLAW-105publ304.pdf |archive-date=2026-01-25 |access-date=2026-02-03 |website=GovInfo}}</ref><ref name=":0">{{Cite web |date=1998-10-08 |title=H.R.2281 - Digital Millennium Copyright Act |url=https://www.congress.gov/bill/105th-congress/house-bill/2281 |url-status=live |archive-url=https://web.archive.org/web/20260201003346/https://www.congress.gov/bill/105th-congress/house-bill/2281 |archive-date=2026-02-01 |access-date=2026-02-03 |website=Congress.gov}}</ref> Among its provisions are criminalizing the production and dissemination of information intended to circumvent copy protections | ||
that protect intellectual property, such as those considered digital rights management. It was later amended in 1998 to shield from liability ISPs that consumers may use to gain access to such information. | |||
The law also provides that the Library of Congress issue exemptions from the prohibition when it is shown that access-control technology has had a substantial adverse effect on the ability of people to make non-infringing uses of copyrighted works. These exemptions are not granted in perpetuity. They are revised every 3 years, and existing exemptions must be resubmitted for the next rulemaking cycle alongside any new ones. | The law also provides that the Library of Congress issue exemptions from the prohibition when it is shown that access-control technology has had a substantial adverse effect on the ability of people to make non-infringing uses of copyrighted works. These exemptions are not granted in perpetuity. They are revised every 3 years, and existing exemptions must be resubmitted for the next rulemaking cycle alongside any new ones. | ||
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==Section 1201== | ==Section 1201== | ||
{{main|DMCA Section 1201}} | |||
===Anti-Circumvention rule=== | ===Anti-Circumvention rule=== | ||
The DMCA prohibits breaking any digital lock that "effectively controls access" to a copyrighted material.<ref name=":0" /> Initially created under the premise of preventing internet piracy, critics have been apt to point out the ways that corporations have abused this legal restriction. Cory Doctorow argues that the rule prevents competition and "the creation of legitimate, otherwise legal technologies."<ref>{{Cite web |last=Doctorow |first=Cory |date=2015-12-01 |title=I Can’t Let You Do That, Dave |url=https://cacm.acm.org/opinion/i-cant-let-you-do-that-dave/ |url-status=live |archive-url=https://web.archive.org/web/20250911054401/https://cacm.acm.org/opinion/i-cant-let-you-do-that-dave/ |archive-date=2025-09-11 |access-date=2026-02-03 |website=Communications of the ACM}}</ref> | The DMCA prohibits breaking any digital lock that "effectively controls access" to a copyrighted material.<ref name=":0" /> Initially created under the premise of preventing internet piracy, critics have been apt to point out the ways that corporations have abused this legal restriction. Cory Doctorow argues that the rule prevents competition and "the creation of legitimate, otherwise legal technologies."<ref>{{Cite web |last=Doctorow |first=Cory |date=2015-12-01 |title=I Can’t Let You Do That, Dave |url=https://cacm.acm.org/opinion/i-cant-let-you-do-that-dave/ |url-status=live |archive-url=https://web.archive.org/web/20250911054401/https://cacm.acm.org/opinion/i-cant-let-you-do-that-dave/ |archive-date=2025-09-11 |access-date=2026-02-03 |website=Communications of the ACM}}</ref> | ||