Research Paper
The Digital Millennium Copyright Act, often referred to as DCMA was created in the year 1998 as an amendment of the Copyright Act of 1976. The main aim of this act is to protect the unauthorized usage as well as the production of services, devices or technology, mainly intended to bypass the Digital Rights Managing. It is also meant to restrict any form of evasion that the person may intend to make any infringement of the copyright protection. The act has been divided into five crucial parts; TITLE I deals with the implementation of the World Intellectual Property Organization (WIPO) treaties.
The second TITLE deals with the limitation of the liabilities of limitations placed on the online providers of services. TITLE III deal with an exemption which allows a user to make a copy of computer software in case their computer fails or is been shut for repair or maintenance. TITLE IV includes all the other miscellaneous provisions, which covers distance education, webcasting through the internet and agreement obligations requiring bargaining. The TITLE V deals with the protection of rights involving vessel hulls.
This Act is mainly known as the method of implementing the World Intellectual property Organization (WIPO) as well as the Phonograms Treaty. This is undoubtedly one of the key copyright laws in the United States.
The Act does provide people the opportunity to be exempted from the law under certain circumstances. This purports that DVDs can be used for educational purposes, documentary filmmaking, as well as those meant for non-commercial purposes only. Reverse engineering is also permitted under the section 1201 of the Digital Millennium Copyright Act. This allows a person to legally circumvent the Act for the purposes of copying, analyzing as well as identifying items that are required for interoperability with some other programs.
An exception for the sole purpose of encryption is also possible under this Act. This allows the user to circumvent this Act under certain strict provisions only. The user can do so when he/she intends to find out some underlying flaws or other types of vulnerability in the encryption techniques.
The Act is also exempted in cases, in which protection minors are involved. This gives courts the power to prohibit part or some component in the technology for the purpose of protecting the minors. The Act also allows circumventing in the case of personal privacy, when a technology is collecting or even distributing the personal information of individuals; regarding their online activities. Security testing is also a valid criteria used for the circumventing this act.
The Affect of DMCA on organizations
The Digital Millennium Copyright Act has certainly helped business organizations limit the piracy of their products, resulting in greater revenues for them. For instance, if a person buys a CD then they have the right to make copies of that song. However, they cannot simply post in online for free web sharing. This is where the DMCA comes into play. It protects businesses by providing them protection even online. Therefore, this Act has significantly helped businesses in reducing their losses of sales due to the online privacy.
The DMCA has undoubtedly provided a firm platform for organizations to protect their own property against piracy. The five TITLES are meant to protect the interests for a wide range of organizations.
Fair or Unfair debate
The debate of whether the Digital Millennium Act is acting as a fair or an unfair tool is widely debated. In some instances the DCMA has been found to have intruded with the person’s legal right to obtain and use a material. This Act has also encouraged the implementation of pay per usage policy, especially found in educational institutions. In the educational institutions students are often found buying articles or journals based on a per usage basis and it often comes with a time limit within which the access is valid.
The implementation of a pay per usage policy does seem fair for organizations that want to control unauthorized use of their services, technology or other materials including intellectually property. Instances of DMCA abuse and mistakes are also not uncommon and often people have been denied access to which they were already entitled. Under this act a person or an organization can serve a take-down notice if someone has violated the copyright.
Apart from fending off criminals, the DMCA has often impeded normal competition amongst organizations. For instance, DMCA had been used to block off aftermarket competition primarily in the laser printer’s markets. Using this very Act Apple Inc. has also succeeded in implanting Apple software own software in all the Apple devices. The DMCA is also used to block off free speech as well as scientific research in a lot of circumstances, which means that the Act may have had inverse affects rather than any positive impacts.
Conclusion
The DMCA has played a crucial role in controlling the level of privacy in the United States. In this modern era, controlling piracy online has become quite a challenge; however, the DMCA is provided a good base for people and organizations to use in case of an infringement of their rights.
In case of any act of privacy a person or an organization can simply place a complaint and the defendant may also place a counter complaint, if they believe they are right. The Act may appear to be quite stringent, but is does offer exemptions under certain circumstances. This includes reverse engineering and for encryption purposes. A person may also makes copies of a software, if their computer is been repaired or has been damaged due to some reason. Therefore, the role played by the Digital Millennium Copyright Act varies from person to person mainly.
References
1. Root Jonez. (2010). Unintended Consequences: Twelve Years under the DMCA. Retrieved on 2nd December 2011, from https://www.eff.org/wp/unintended-consequences-under-dmca
2. THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998. (1998). Retrieved on 2nd December 2011, from http://www.copyright.gov/legislation/dmca.pdf
3. The DMCA Revisited: What’s Fair?. (2004). Retrieved on 2nd December 2011, from http://net.educause.edu/ir/library/pdf/EPO0410.pdf
