Intro Key issues Infringement Technologies Practices

» Content Menu

>> The Digital Millennium Copyright Act


The Digital Millennium Copyright act of 1998 (DMCA) contains five titles:
  • Title 1 implements the WIPO treaties and makes appropriate revisions to the U.S. Copyright Act.
  • Title II establishes limitations on the liability of service providers when engaging in activities that may infringe upon existing copyrights.
  • Title III exempts from liability the act of copying computer programs to maintain or repair computer systems.
  • Title IV contains miscellaneous provisions relating to the functioning of the Copyright Office, distance education and library exemptions.
  • Title V creates a specific copyright protection for certain original designs.

Title II of the DMCA, the "Online Copyright Infringement Liability Limitation Act" (OCILLA), establishes four categories of activity that online service providers can engage in without being held liable for copyright infringement:

  • Transitory communications
  • Systems caching (storage of page views)
  • Storage of information at the direction of users
  • Various information location (search) tools

Under Title II, providers are not required to monitor content on their services, but they must respond to the complaint of a copyright holder. Under the Act, providers are still liable for infringement if they have knowledge of, control over, or gain financial benefit from, infringing activity on their services.

<<Back