Digital Millennium Copyright Act (DMCA)

The 1998 enactment of the Digital Millennium Copyright Act (DMCA) represents the most comprehensive reform of United States copyright law in a generation. The DMCA seeks to update U.S. copyright law for the digital age in preparation for ratification of the World Intellectual Property Organization (WIPO) treaties.

Key among the topics included in the DMCA are provisions concerning the circumvention of copyright protection systems, fair use in a digital environment, and online service provider (OSP) liability (including details on safe harbors, damages, and "notice and takedown" practices). Resources on these and other topics are included below.

Legal Sources of Online Content:The HEOA requires all colleges and universities to offer legal alternatives to unauthorized downloading.

"Folder-based" vs. "transmission-based" DMCA notices: As part of our investigation into the recent "spike" in DMCA notifications sent to campuses by the RIAA, EDUCAUSE has learned some details we believe will be of importance to many in the higher education community. Read Mark Luker's Statement (May12, 2008)

Federal Resources

• Summary of the Digital Millennium Copyright Act of 1998 (U.S. Copyright Office). An overview of the law's provisions and briefly summarizes each of the five titles of the DMCA.
• 2003 Rulemaking on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works (U.S. Copyright Office)
• Study Required by Section 104 of the Digital Millennium Copyright Act (U.S. Copyright Office). Section 104 of the DMCA directs the Register of Copyrights and the Assistant Secretary of Commerce for Communications and Information to prepare a report for the Congress examining the effects of the amendments made by title 1 of the Digital Millennium Copyright Act, ("DMCA") and the development of electronic commerce 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 such sections.
• Statement of the Librarian of Congress Relating to Section 1201 Rulemaking (U.S. Copyright Office) The Librarian of Congress released a statement on exemptions to the Digital Millennium Copyright Act, which greatly expands access to encrypted, copyrighted works for fair use purposes. (July 26, 2010)

• Section 1201 Exemptions to Prohibition Against Circumvention of Technological Measures Protecting Copyrighted Works