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The Digital Millenium Copyright Act

On October 12, 1998, Congress passed the Digital Millennium Copyright Act (DMCA), a complex piece of legislation which makes major changes in U.S. copyright law to address the digitally networked environment. This memorandum discusses the law's five titles.

pdf band-dmca-memo-16aug01.pdf

 
 

The Digital Millenium Copyright Act: Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers

One of the principal provisions of the Digital Millennium Copyright Act ("DMCA") is a limitation on the potential money damages that Online Service Providers ("OSPs"), including libraries and educational institutions, could face when they function like a common carrier, allowing online users access to copyrighted material placed there by someone else. Rather than confront huge financial claims if the third party material infringes someone's copyright, OSPs can escape liability provided they comply with these new rules.

pdf dmca-highlights-limitation-of-liability.pdf

 
 

Summary of International Copyright and IP Activities

At the urging of the United States, a new "digital agenda" recently has been added to the range of issues under consideration in a long-running series of negotiations convened by the World Intellectual Property Organization (WIPO). Currently, the U.S. is pressing for the early conclusion of international agreements on a number of issues as to which the Congress has yet to legislate and the U.S. copyright community remains deeply divided. In the longer term, this effort to shape global intellectual property policy before achieving domestic consensus could have the unintended consequence of jeopardizing both the U.S. leadership role in the field and the interests of U.S. copyright-related industries and institutions.

pdf summary-intl-ip-2001.pdf

 
   

In the Matter of Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies

Comments of the Library Copyright Alliance and the Music Library Association.

pdf 1201-comments-02dec08.pdf

 
 

Inquiry Regarding Sections 109 and 117: Reply Comments of the Library Associations

The June 5, 2000, Request for Public Comment inquires about the effects of the amendments made by title 1 of the Digital Millennium Copyright Act ("DMCA") and the development of electronic commerce and associated technology on the operation of sections 109 and 117 of title 17, United States Code, and the relationship between existing and emerging technology and the operation of those sections. The Libraries would like to address several issues raised by interested parties, as well as respond herein to questions regarding Section 117 of the DMCA.

pdf dmca-section109-comments-05jun00.pdf

 
 

Memorandum re: Digital Millennium Copyright Act of 1998

This memo will address an issue that has arisen regarding interpretation of Section 108(a)(3) of the Copyright Act, 17 U.S.C. §108(a)(3), as amended in the Digital Millennium Copyright Act of 1998 ("DMCA").

pdf dmca-section108-memo-081999.pdf

 
 

Primer on the Digital Millenium: What the Digital Millenium Copyright Act and the Copyright Term Extension Act Mean for the Library Community

The Digital Millennium Copyright Act ("DMCA"), which is the centerpiece of the legislative strategy for the Clinton Administration and Congressional leaders responsible for copyright bills, was passed in the closing days of the 105th Congress. It is a very complex Act, which generated controversy and left unfinished business in its wake. As a result, high on the list of "must-dos" for the 106th Congress will be issues leftover from the DMCA.

pdf primer-digital-millenium1999.pdf

 
   

Library OSP Letter to the House and the Senate re: On-line service providers' liability for copyright infringement (Mar. 30, 1998)

Letter from library and higher education organizations thanking Congressional representatives for their attention to assuring that any statute designed to clarify the limit of an on-line service provider's liability for copyright infringement appropriately accommodates the unique nature of libraries.

pdf hatch-osp-letter-30mar98.pdf

 
 
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