Author Box
Articles Categories
All Categories
Articles Resources

The Digital Millennium Copyright Act

March 24, 2012 | Comments: 0 | Views: 158

The Digital Millennium Copyright Act was enacted in 1998 to update copyright law in matters dealing with the electronic/digital environment. Its principle features focus on limitations on infringement liability for service providers and prohibitions on circumvention of technological protection measures. Online education environments are greatly affected by the act provisions. Educational institutions are generally considered as service providers for purposes of the act.

Students can become rather creative when designing websites using educational institution equipment, software, and access to the Internet. Service providers receive certain protections from liability and "notice and takedown" procedures must be strictly and timely followed. Any copyrighted works that are infringed upon by a student using educational institution resources is subject to the act.

If a copyright owner discovers that their copyrighted work is up on a website supported in some way by resources of an educational institution, the copyright owner must file a notification of alleged infringement under penalty of perjury and in accordance with the statutory requirements for notification under the act. Upon receipt of notification, the service provider must swiftly remove or block access to the material identified in the notification or face loss of protection under the act. If the service provider complies, the service provider is then exempt from monetary liability. The act contains special provisions for non-profit institutions for certain acts on the part of instructors and graduate students and considers them "a person other than the provider" and affords protection to the educational institution under the following conditions:

(a) The faculty member or graduate student's infringing activities do not involve providing access to course materials that were required or recommended during the past three years.

(b) The institution has not received more than two notifications over the past three years that the faculty member or graduate student was infringing.

(c) The institution provides all of its users with informational materials describing and promoting compliance with copyright law.

The DMCA is divided into five titles:

1. Title I, the "WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998," implements the WIPO treaties.

2. Title II, the "Online Copyright Infringement Liability Limitation Act," creates limitations on the liability of online service providers for copyright infringement when engaging in certain types of activities.

3. Title III, the "Computer Maintenance Competition Assurance Act," creates an exemption for making a copy of a computer program by activating a computer for purposes of maintenance or repair.

4. Title IV contains six miscellaneous provisions, relating to the functions of the Copyright Office, distance education, the exceptions in the Copyright Act for libraries and for making ephemeral recordings, "webcasting" of sound recordings on the Internet, and the applicability of collective bargaining agreement obligations in the case of transfers of rights in motion pictures.

5. Title V, the "Vessel Hull Design Protection Act," creates a new form of protection for the design of vessel hulls.

There are many facets to the act that cannot be fully discussed in this forum. Suffice it to say, instructors should get with their organizations and their legal counsel to become familiar with the complex intricacies of the act.

In business, it's all about making money and using a solid set of resources to make it all happen. If you have skills that should be promoted, think about having a Web presence.

Website Builders from only $4.99/mo!

Building your own website is easier than you think with our point, click and design feature. Just go here and you'll be on your way to starting your Web presence --

Source: EzineArticles
Was this Helpful ?

Rate this Article

Article Tags:

Digital Millennium Copyright


Service Providers


Educational Institutions


Dmca Violations

Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 292

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 429

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 235

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 241

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 389

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 244

A cease and desist letter is a low-cost alternative to a time-consuming and potentially costly lawsuit, if someone is using your copyrighted materials without permission. Let's look at how to write a

By: Sarah Kolbl Legal > Copyrightl June 12, 2012 lViews: 177

Copyright registration is voluntary -- you don't NEED to register in order to be protected by copyright law -- but there are very good reasons to officially register with the US Copyright Office.

By: Sarah Kolbl Legal > Copyrightl May 31, 2012 lViews: 172

A photography watermark can be another picture as in a logo, words, or the name of the photographer which is placed over the picture. If a photo has a watermark, those looking at it will know that

By: Chad A Beasleyl Legal > Copyrightl March 28, 2012 lViews: 237

Copyright protection is afforded to books, movies, music, photographs, and a wide variety of other creative expressions of an idea -- but did you know that vessel hull designs and architectural works

By: Sarah Kolbl Legal > Copyrightl March 20, 2012 lViews: 172

The other day, I was having a conversation about copyright law, you see I am an online article author, and I produced a number of e-books, and before my stint as a writer, I was quite concerned with

By: Lance Winslowl Legal > Copyrightl March 18, 2012 lViews: 180

Just because you wrote something and put one of those little C's at the bottom of the page, and claim the copyright, doesn't mean that you won't find challenges in our information age. After all, you

By: Lance Winslowl Legal > Copyrightl March 17, 2012 lViews: 156

By the time a person is evaluated as a potential transplant candidate, it is likely a caregiver has already been in place. Caregivers can be any person that wants to take care of the patient-maybe a

By: Rosalie Lopezl Health & Fitness > Critical Carel April 06, 2012 lViews: 149

If you're on the double-lung transplant waiting list, you already know how precious each breath is. You spend many times during the day just trying to recover from scary poor-breathing situations.

By: Rosalie Lopezl Health & Fitness > Critical Carel April 06, 2012 lViews: 127

Discuss this Article

comments powered by Disqus