What Are the Different Provisions of the Digital Millennium Copyright Act?

The Digital Millennium Copyright Act (DMCA) is a United States copyright law which implements two 1996 international treaties of the World Intellectual property Organization (WIPO). It criminalizes the distribution and manufacture of goods, devices, and services designed to circumvent laws that govern the production and distribution of copyrighted materials.

The definition of copyrighted material may be broadly categorized under the three different categories of copyrighted material namely: artistic work, musical work, and book. The act also stipulates the exceptions from which the authorized reproduction of copyrighted materials are not allowed. The exception from which the authorized reproduction of materials is not allowed is the right of first publication, i.e. the right of the author to the reproduction of his literary, dramatic, and artistic work without prior authorization from the publisher, printer, or distributor, with regard to copies that have been distributed or published in whole or in part within the territory of any country.

The act also requires the owner of rights on copyright material to give notice to the persons and entities responsible for the unauthorized reproduction of the material before the reproduction can be made. Any such reproduction that violates the notice procedure, or the rights of the authorized owner of a copyright, may be subjected to a penalty under the act.Click here for more details about DMCA

The act also regulates the use of copyrighted materials in the creation of new works and the rights of their owners in their work. For instance, it provides the right to authors to include the words or names of their work in the work, but only in such a way that they are not de jure prohibited by the copyright laws of the country where the work is created. Also, if the owner or author dies, his right to his work is transferred to the heirs of his estate. This transfer of rights does not affect the ownership of a copyright that has been created after the date of its creation. The heirs may however, continue to exercise their rights to a work created before the transfer of copyright ownership.

There are two important provisions of the act concerning the rights of the owner of a copyright. First, the owner of a copyright is entitled to compensation if another person uses his or her work in an unauthorized manner. Second, the owner of a copyright is entitled to enjoin the activities that he or she is charged with having committed.

There is a list of additional categories that include the reproduction, distortion of the original composition, public announcement, public performance, and broadcasting. If a person violates any one of these categories, he or she will be liable for the infringement of the rights under the act and the penalty stated in the terms and conditions of his or her license.