Citing the two provisions discussed above, many critics of the DMCA, however, argue that it exceeds WIPO’s requirements and intrudes into an area protected by the First Amendment. The DMCA was enacted to comply with the 1996 World Intellectual Property Organization (WIPO) Copyright Treaty requiring participating countries to give legal effect to copy-protection measures utilized by copyright owners. DMCA limits activities that may be protected by fair use Through these provisions, the DMCA restricts access to information contained in published works as opposed to the reproduction, sale, or distribution of a work-a first in copyright law. These sections prohibit actions circumventing technological barriers to access a work, as well as the manufacture or distribution of devices or services that circumvent copy protection measures utilized by a copyright owner. §1201(a) and the copy protection provision of §1201(b). Critics say DMCA provisions threaten First Amendment freedomsĬritics have focused on two DMCA provisions relating to the copyright status of digital works as the most threatening to First Amendment freedoms: the access protection provisions of 17 U.S.C. The Digital Millennium Copyright Act (DMCA) of 1998 introduced to American copyright law prohibitions against the circumvention of technological measures that control access to or use of copyrighted works. (AP Photo/Tom Gannam, used with permission from the Associated Press) Moviemakers headed to court to persuade a district judge to declare the distribution of DVD copying software, sold by 321 Studios, illegal under the DMCA. In this photo, Robert Moore, president of 321 Studios, poses at his corporate headquarters in 2003.
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