bus154paper - 1 Public Law 105-304 Digital Millennium...

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Public Law 105-304 Digital Millennium Copyright Act 1
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Table of Contents Introduction 1 Legislation 1 Rationale 2 Case Analysis 2 a) Case 1 2 b) Case 2 3 Conclusion 4 a) Social Impact 4 b) Personal Opinion 5 Work Cited Page 6
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Introduction The Copyright Act of 1790 was the first copyright law in the United States to secure the rights of the authors. The law gives authors “the sole right and liberty of printing, reprinting, publishing and vending such map, chart, book or books” (Copyright Act of 1790). Ever since 1790, any types of materials or contents can now be copyrighted. The materials are copyrighted from the moment it was created and can last decades or even centuries. During the 1990s, technology has evolved and the world began to move further into a digital age. As a result, the Digital Millennium Copyright Act was proposed, and then signed by President Bill Clinton into law on October 28, 1998 to deal with issues related to digital copyrights. The topic of copyright is interesting to me is because of the increasing presence of social media websites such as Pinterest and Instagram of which I have posted and shared my own original content on. However, I noticed that people are stealing others contents online and used it as their own without asking for the original owners’ permission or even give the owners the credits they deserve. In this research paper, I plan to describe the law as posted in the Federal Code, state the purpose and rationale, provide two brief cases that involve copyright law, explain its social impact, and finally give my personal opinion. Legislation The Digital Millennium Copyright Act, Public Law 105-304, is consisted of 5 separate parts of Title 17, Copyrights, of the United States Code. Title 1 of the DMCA is under Chapter 12, Title 2 under Section 512, Title 3 under Section 117, Title 4 under Section 108, and Title 5 is in Chapter 13 to 17. “To amend Title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, and for other purposes.” ‘§ 1201. Circumvention of copyright protection systems ‘‘(a) VIOLATIONS REGARDING CIRCUMVENTION OF TECHNO- LOGICAL MEASURES—(1)(A) No person shall circumvent a techno- logical measure that effectively controls access to a work protected under this title. The prohibition contained in the preceding sentence shall take effect at the end of the 2-year period beginning on the date of the enactment of this chapter. ‘‘(B) The prohibition contained in subparagraph (A) shall not apply to persons who are users of a copyrighted work which is in a particular class of works, if such persons are, or are likely to be in the succeeding 3-year period, adversely affected by virtue of such prohibition in their ability to make noninfringing uses of that particular class of works under this title, as determined under subparagraph (C).
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