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Full Summary of the Digital Millennium Copyright Act | Future of Music Coalition us digital millennium copyright act

Future of Music Coalition Education, Research and Advocacy for Musicians Home News FutureBlog Archive FMC Newsletter FMC in the News Issues Campaigns Artists + FMC Health Insurance Navigation Tool I Support Community Radio On Artist Compensation On Copyright Rising Tides Rock the Net Articles Official Filings Fact Sheets Legislation Tracker Events Upcoming Recent Research Press Press Releases FMC in the News About Boards Staff Positions Volunteer Contact Support Donate Sponsor Events Full Summary of the Digital Millennium Copyright Act Brett Keller Mo xjlyhnbk. moncler kidsnday, August 2, 2004

A step by step explanation of the DMCA and its impact on national and international copyright law.

Title One: WIPO Treaty Implementation

The DMCA is broken down into five major parts or titles. The first of these addresses the issues of complying with the recent WIPO treaties. The treaties first required the US to recognize the copyrights of certain works from other countries and to recognize the copyrights of works that had fallen into the public domain in the US but not in their native countries. In other words, a work copyrighted in 1897 in another country would be considered old enough to be in the public domain in the US , but may not be so in its land of origin. In this case the DMCA says that the US will still recognize the copyright of that work until it enters the public domain in its country of origin.

The second change required by the WIPO Treaties was as follows. US law requires copyright owners to register their work with the Copyright Office before they can raise a lawsuit regarding infringement of their work. To comply with the WIPO treaties, the DMCA made all foreign works exempt from this rule. This means that works created outside the US do not need to be on file with the US Copyright Office before undertaking a copyright infringement lawsuit.

Finally the WIPO Treaties contain technological provisions with which the US needed to comply. These provisions apply to the circumvention of technological protection measures. The US basically proposed an amendment saying that it is illegal to circumvent technological measures taken to prevent people from accessing or copying a work to which they do not have a legal right. The exception to this rule is when people want to make a copy of a work for fair use. In this case they may circumvent copy protection technologies but it is never acceptable to circumvent these technologies to gain access to a work. In other words, there may be times when you can legally hack a computer program to make a copy of it, but at no time can you hack it in order to use it when you don’t have permission. The amendment also prohibits anyone from manufacturing devices or software which are primarily designed or marketed to help people circumvent technological protection measures.

There are several exceptions to this part of the DMCA . The broadest of these says that all law enforcement is completely exempt from all the technological provisions mentioned above. Another exception says that non-profit libraries and educational institutions are allowed to circumvent technologies to gain access to works in order to decide if they would like to would like to gain legal access to those works. The reverse engineering exemption allows people who have gained permission to circumvent technological protection measures in order to see if or how different software programs are compatible with each other. The encryption research exception allows people to circumvent protection measures in order to determine their flaws and to help further the development of better protection technologies. The protection of minors exception allows the court to impose technological protections safeguarding minors from material on the internet. The personal privacy exception allows people to circumvent technologies when the protected work is capable of collecting or disseminating personal information about their online activities. The security testing exception allows someone to circumvent the protection measures placed on a computer or network when the owner gives them permission for the purpose of security testing.

The WIPO treaties’ technological provisions also required the US to create certain protection provisions for Copyright Management Information ( CMI ). CMI is basically any information about the work outside of its actual content. This includes things like the title, the author, and terms and conditions for use. The DMCA amendment makes it illegal to alter the CMI attached to electronic works without permission or to knowingly distribute works in which the CMI has been illegally altered. There is once again an exception for law enforcement agencies. There is also an exception for certain broadcast stations and cable systems which can alter CMI when there is no intent toward any type of infringement.

The final part of Title I of the DMCA calls for the US Copyright Office to report back to Congress on the integrity of the new technological laws one year after the passage of the Act.

Title Two: Online Copyright Infringement Liability Limitation

Title two of the DMCA addresses the issue of internet service provider’s (ISPs) responsibility for copyright infringement committed by their subscribers. The DMCA says that ISPs are not responsible for the actions of their clients as long they meet a number of provisions. They first have to meet one of the four definitions of an ISP as set out by the DMCA . Each of the four types have a different set of provisions the ISP must comply with. They then have to inform their users of and carry out a policy which says that people caught using their service for infringement multiple times will have their subscriptions to the service canceled. Finally, this section of the DMCA gives the copyright holder a new right to call upon the courts to subpoena an ISP for the identification of an alleged copyright infringer.

Title Three: Computer Maintenance or Repair
This section of the DMCA gives the owner or lessee of a computer the right to copy computer programs which have lawfully been installed on the computer for the purpose of maintenance or repair. Once the computer has been repaired and the copy has served its purpose it must be destroyed.

Title Four: Miscellaneous Provisions

This section contains a number of miscellaneous provisions. The first confirms the Copyrights Office’s authority to carry out policy and international tasks which it has already been taking care for many years.

The second provision is related to ephemeral recordings for broadcast. These are copies of recordings made in order to simplify the broadcasting process. This might mean that a radio station uploads all the songs on its play list to a hard drive so that the DJ doesn’t have to fumble with CD ’s or so programming can be automated. The DMCA amends the Copyright Act allowing similar recordings to be made in order to facilitate digital transmission. The DMCA also allows broadcasters to request copies of recordings from the copyright owner when they contain technological protection measures against copying. If the recordings can not be provided the radio station is given the right to bypass the protection technology in order to make their own copies.

The third provision in this miscellaneous section addresses Congress’ interest in the promotion of Distance Education. It called for the Copyright Office to consult relevant parties on the subject and return a report to Congress with in six months of the passage of the  DMCA .

Provision number four of this section amends the copyright law in regard to libraries’ right to make copies of phonorecords. Under the DMCA libraries are now allowed to make up to three copies of a phonorecord provided that they properly label the copies with notice of copyright. If the copies are in digital format, however, they may not be removed from the library archive or premises. The library is also allowed to make copies for the purpose of replacing lost or damaged works and for the purpose of replacing works in obsolete formats. In these situations digital copies still may not leave the library.

The fifth provision makes amendments to copyright law addressing issues on webcasting. In 1995 the Digital Performance Right in Sound Recordings Act ( DPRA ) was passed by Congress. Under the DPRA , services providing digital transmissions are required to pay a performance royalty with the exception of digital broadcasts made by FCC licensed broadcast stations which are already exempt. This meant that owners of sound recording copyrights could now collect royalties for digital performances of their work. The DPRA covered three categories of digital transmission. They included the broadcast transmissions (which are exempt), subscription transmissions, and on-demand transmissions. Webcasting didn’t fit clearly into any of these three categories so the DMCA amended the DPRA so that webcasting would fall into the category of eligible non-subscription transmissions. The DMCA also created a statutory license to allow digital transmission organizations to make more then one ephemeral recording.

The sixth and final provision of the miscellaneous section of the DMCA applies to the motion picture business. It addresses situations where producers become unable to compensate writers, actors and directors who are owed residual payments. In the past production companies often ignored contractual agreements which said that the movie distributor would automatically take up these payments if the producer was unable to. The DMCA requires distributors to always fulfill this duty assuming that they knew or should have known ahead of time that this would be their responsibility should the producer fail to fulfill it.

Title Five: Protection of Certain Original Designs

This title of the DMCA is also known as the Vessel Haul Design Protection Act ( VHDPA ). The VHPDA adds a new category of copyrightable work to the Copyright Act. It allows for the protection of original designs of “useful articles” which are attractive or distinct in appearance. In this amendment “useful articles” are limited to the hulls of vessels no greater then 200 feet in length. Designs are protected once they have been publicly displayed in use but lose their copyright if they are not registered within two years of public release. Designs are protected for ten years upon publication. The VHDPA was set to expire two years after of the enactment of the DMCA . The Copyright Office was ordered to conduct two joint studies with the Patent and Trademark Office evaluating the impact of the VHDPA during its two year run.

Back to intro

More DMCA Information:
Copyright Office DMCA Summary: http://www.copyright.gov/legislation/dmca.pdf
Nicolai Law Group DMCA Summary: http://www.niclawgrp.com/memos/200105.html

When this article was written, Brett Keller was a music industry student at Drexel University, Philadelphia,  PA

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moncler jacket womens Copyright Infringement FAQ by Glenn_Lulu on ‎03-05-2013 01:43 - edited on ‎08-18-2016 08:58 by Paul_Lulu (13,758 Views) Labels: Copyright , Counter-Notification , DMCA , Enforcement , images , notice , Quarantine , Questionable Content , WIPO How does Lulu enforce copyright laws? Can I legally use another person’s work? Can I use images if I am not the copyright holder? Can I use an image if I do not intend to sell my work? Who can report copyright infringements? How are copyright infringements reported? Who determines what happens when content is reported as questionable? My book is no longer listed under My Projects. What happened? How are authors notified when their content is quarantined? I did not receive an email from Lulu. What do I do now? But, I own the copyright for this work. What do I do now? What about my First Amendment Rights? Copyright law is intricate and varies by country. In fact, it is so intricate that there is an entire branch of the legal system dedicated to its enforcement. As such, the FAQ’s listed below are no substitute for your lawyer’s advice. Rather, they are intended to answer questions about Lulu’s method for responding to copyright infringement reports received from an author, legal representative, agent, artist, or photographer.   How does Lulu enforce copyright laws?   Lulu complies with the US Digital Millennium Copyright Act (DMCA), which implements two 1996 treaties of the World Intellectual Properties Organization (WIPO). The DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of online service providers for copyright infringement by their users.   Specifically, Title II of the DMCA ( Online Copyright Infringement Liability Limitation Act ) creates a safe harbor for online service providers against copyright infringement liability, provided they meet specific requirements.   To qualify for safe harbor designation, online service providers must promptly quarantine or remove alleged infringing material when they receive notification of an infringement claim from a copyright holder or their agent.   Title II also provides a counter-notification provision allowing the online service provider to reinstate quarantined material if an author states that the material in question does not, in fact, infringe upon another author’s copyright and the author agrees to defend their claim in US Federal Court.   Can I legally use another person’s work?   When publishing through Lulu, you are responsible for respecting the copyrights of other creators. When you use another work within your own, be sure you have permission from the copyright holder or their agent.   Copyright laws vary by country and it is the author’s responsibility to comply with not only their country’s laws, but also the copyright laws in the countries in which your work is to be sold.   When publishing for sale in the United States of America, keep the following in mind when considering the use of copyrighted material:   For works published since 1978, copyright protection endures for the author’s lifetime plus 70 years. For works published before 1978, the copyright duration varies. It is always best to research a work to determine whether it is still protected. The US Copyright Office can help you determine whether a work remains under copyright protection. Many works are in the public domain because their copyright has expired or they do not qualify for protection. You may freely use these works; however, you should confirm the editor or translator does not own the copyright for the edition or translation. The law also provides specific exceptions for the use of protected work. The fair use clause of United States copyright law allows limited portions of copyrighted work to be used for criticism or academic purposes. Many online resources contain information about works in the public domain including galleries of images that may be used free of charge or for a nominal fee. Note: Lulu complies with all requirements of the Digital Millennium Copyright Act (DMCA) and does not offer legal advice or protection. Following copyright laws is your responsibility. For more information, see the United States Copyright Office website at www.copyright.gov   Can I use images if I am not the copyright holder?   In addition to the written word, images are also protected by copyright. Even if a certain work of art is in the public domain, the photographer may hold the copyright for the image. If this is the case, you must have the copyright holder's permission to use the image.   Can I use an image if I do not intend to sell my work?   Lulu is a strong supporter of copyright laws and does not allow the publication of intellectual property without permission from the original creator regardless of whether the work is for your sole use or is intended for sale to others. For more information, see Lulu Membership Agreement: Content .   Who can report copyright infringements?   Any registered user on the Lulu.com site can report content as inappropriate, in violation of the Lulu Membership Agreement , or as infringing on their copyright, trademark, or intellectual property rights.   Note : Unregistered guests may report inappropriate content by sending an email to copyright@ .   How are copyright infringements reported?   Every print and eBook product page includes a link to Report This Content to Lulu , which generates a Report Questionable Content form.  Select the type of violation you wish to report from the drop down list, complete the form, and click Submit .   Note : You must be signed into a Lulu account to report inappropriate content. Unregistered guests may report inappropriate content by sending an email to copyright@ .   The Questionable Content team reviews reports of inappropriate content and determines the next steps. In the case of copyright infringement, we will email a DMCA Notice form to the claimant. Upon completion and return of the DMCA Notice, the reported work will be quarantined and the affected author will be notified.   Who determines what happens when content is reported as questionable?    Our Questionable Content team reviews all submitted notifications and takes appropriate action as noted below:   If the work does not meet Lulu’s General Access guidelines , the project will be set to Private Access (i.e. the book will not display in the Lulu Marketplace or be returned in product searches on the Lulu.com site) and the author will be notified of this action. If the work is in violation of the Lulu Membership Agreement , it will be removed from the site at Lulu’s sole discretion. If the work is reported as infringing on another author’s copyright, the work will be quarantined upon receipt of a completed DMCA Notice . The author will be notified and allowed an opportunity to respond. If the author asserts they own the copyright or have permission to use the material, the title will be removed from quarantine. The claimant can, at their discretion, initiate a legal action against the publisher. If the claimant informs Lulu that this is their intent, the content will remain quarantined until the court has made its decision. All titles that remain in quarantine for more than six months will be automatically deleted from the system in compliance with Lulu’s Content Retention Policy . If the work violates trademark or intellectual property rights, the content will be immediately quarantined and the author will be notified of the steps required for reinstatement.   My book is no longer listed under My Projects. What happened?   If your book is in violation of the Lulu Membership Agreement or is reported as infringing on the copyrights of another author, the project will be placed into quarantine resulting in the removal of the project from your project list and the suspension of all sales.   The publishing author will receive an email from Lulu explaining the action. In the case of a copyright infringement, the email will include a copy of the originally submitted DMCA Notice of copyright infringement.     Note: In cases of flagrant fraud or plagiarism, the content will be immediately removed from the Lulu.com site with no recourse for its reinstatement.   How are authors notified when their content is quarantined?   The Questionable Content team reviews all reports of copyright or membership agreement violations. If your work is quarantined, an email notification will be sent to the email address associated with your Lulu account.   For reports of copyright infringement, the email will include a copy of the original DMCA Notice reporting the violation, as well as a DMCA Counter-Notification form. The author must complete and return the counter-notification asserting they do, in fact, own the copyright or have permission to use the reported content before their work can be removed from quarantine and reinstated.   I did not receive an email from Lulu. What do I do now?   Upon receipt of a valid DMCA Notice of copyright infringement, Lulu will quarantine your project and send an email to the address associated with your Lulu account.   It is possible that your email’s filtering system diverted the notification into your spam folder. If this occurred, please mark the email as “not spam” so that we can continue communicating with you about the steps required to assert your ownership of the copyright and remove your book from quarantine.   But, I own the copyright for this work. What do I do now?   Under DMCA regulations, authors can contest a copyright infringement claim by completing a DMCA Counter-Notification form, which will be attached to the initial quarantine notice. The form includes instructions for completion. On it you can assert, under penalty of perjury, that you either own the copyright to the reported work or you have permission to use the reported content.   Lulu will forward the completed Counter-Notification form to the original claimant, who will then have 10 business days to respond as to their intent. If there is no response from the claimant after 10 business days, Lulu will reinstate the quarantined work.   Please Note : The original claimant will be alerted of your counter-notification and can, at their discretion, initiate legal action against you. By asserting your ownership of a copyright, you agree to defend yourself against any formal charges brought by another party. Copyright disputes are adjudicated in US Federal Court.   What about my First Amendment Rights?   You are always free to express yourself. The First Amendment to the United States Constitution guarantees that the government will not restrict its citizens’ freedom of expression.   As a business, however, Lulu has the obligation and the right to accept or reject any content that is not in compliance with our published Membership Agreement or fails to comply with current copyright law.

Digital Millennium Copyright Act Notification Guidelines Notification of Infringement

It is our policy to respond to clear notices of alleged copyright infringement. This page explains the information that must be included in these notices, as required by the Digital Millennium Copyright Act (“DMCA”). Upon receipt of a DMCA compliant notice, Khan Academy, Inc., a 501(c)(3) organization (“Khan Academy”), will expeditiously remove or disable access to the content that is the subject of the notice.

If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice by providing Khan Academy’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Khan Academy website are covered by a single notification, a representative list of such works at that site. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Khan Academy to locate the material. Information reasonably sufficient to permit Khan Academy to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.

Counter-Notification

The administrator of an affected site or the provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the DMCA. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):

A physical or electronic signature of the subscriber. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which Khan Academy may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

Designated Copyright Agent

Khan Academy’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:

Address: Khan Academy, C/O WSGR, 650 Page Mill Rd., Palo Alto, CA 94304 Phone: 650-336-5426 Fax: 650-230-1059 Email: copyright@

For clarity, only DMCA notices should go to the Khan Academy Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Khan Academy through info@ . You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Account Termination

In appropriate circumstances, Khan Academy will promptly terminate, without notice, the accounts of those determined in our sole discretion to be "repeat infringers."

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