Digital Millennium Copyright Act

Digital Millennium Copyright Act

Long title	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.
Acronyms (colloquial)	DMCA
Enacted by	the 105th United States Congress
Effective	October 28, 1998
Citations
Public law	Pub. L. 105-304
Statutes at Large	112 Stat. 2860 (1998)
Codification
Acts amended	Copyright Act of 1976
Titles amended	5 (Government Organization and Employees); 17 (Copyrights); 28 (Judiciary and Judicial Procedure); 35 (Patents)
U.S.C. sections created	17 U.S.C. §§ 512, 1201–1205, 1301–1332; 28 U.S.C. § 4001
U.S.C. sections amended	17 U.S.C. §§ 101, 104, 104A, 108, 112, 114, 117, 701
Legislative history
Introduced in the House of Representatives as H.R. 2281 by Rep. Howard Coble (R-NC) on July 29, 1997 Committee consideration by House Judiciary Committee (Subcommittee on Courts and Intellectual Property); House Commerce Committee (Subcommittee on Telecommunications, Trade, and Consumer Protection) Passed the House on August 4, 1998 (voice vote) Passed the Senate on September 17, 1998 (unanimous consent) Reported by the joint conference committee on October 8, 1998; agreed to by the Senate on October 8, 1998 (consent) and by the House on October 12, 1998 (voice vote) Signed into law by President Bill Clinton on October 28, 1998

The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures (commonly known as digital rights management or DRM) that control access to copyrighted works. It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users.

The DMCA's principal innovation in the field of copyright is the exemption from direct and indirect liability of Internet service providers and other intermediaries. This exemption was adopted by the European Union in the Electronic Commerce Directive 2000. The Copyright Directive 2001 implemented the 1996 WIPO Copyright Treaty in the EU.

DMCA Title I, the WIPO Copyright and Performances and Phonograms Treaties Implementation Act, amends U.S. copyright law to comply with the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, adopted at the WIPO Diplomatic Conference in December 1996. The treaties have two major portions. One portion includes works covered by several treaties in U.S. copy prevention laws and gave the title its name. For further analysis of this portion of the Act and of cases under it, see WIPO Copyright and Performances and Phonograms Treaties Implementation Act.

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