MightyRecruiterCopyright laws exist in order to protect the best interests of the individual or individuals who created a work of art. Owning a copyright ensures that the person who owns it earns royalties from something he or she created. These copyright laws have been on the books for decades, but the advent of the internet has brought great challenges to the field. The internet has certainly been a blessing in many regards, but for artists or business owners who own a copyright, the internet has presented new challenges for protecting an artwork. For this reason, the Digital Millennium Copyright Act was brought into law.
1. Question: What Exactly Is the DMCA?
In October of 1998, the United States Congress enacted the DMCA so that major changes could be made to the U.S. Copyright Act. This law protects intellectual property rights so that individuals owning copyrights would be protected in this new digital age. This law also brought the U.S. into agreement with the World Intellectual Property Organization Performances Phonograms Treaty and the WIPO Copyright Treaty.
2. Question: Why Was the DMCA Enacted?
The internet has made it easier than ever for people to share movies, music and plenty of other artworks that should be protected under copyright laws so that individuals holding the copyrights earn royalties. Numerous people felt like laws currently active within the United States did not adequately cover this new technology. Action needed to be taken so that people could still earn royalties and so that people who shared works of art online could face some form of punishment.
3. Question: Who Does the DMCA Protect?
Ultimately, the DMCA protects copyright holders who depend on royalties to make a living. Many individual artists and businesses that distribute films, music and other artworks depend on royalties to stay afloat. If copyrighted materials are distributed freely online, then people who hold copyrights are unable to earn a living and may struggle financially. Uploading and downloading materials online is detrimental to many people’s well-being, so the DMCA is needed to ensure people get paid for their work. Violating copyright law is equivalent to theft, and that is why these laws are needed.
4. Question: What Are the Titles Within the DMCA?
Five titles exist within the DMCA, including:
• WIPO Copyright and Performances and Phonograms Treaties Implementation Act: The first title brings the U.S. into compliance with the above mentioned treaties.
• Online Copyright Infringement Liability Limitation Act: The second title states that online service providers must meet certain requirements in order to qualify for a safe harbor against copyright infringement.
• Computer Maintenance Competition Assurance Act: Title III ensures that individuals who are working on computers are given protections because they may need to make temporary copies of copyrighted materials while working on a computer.
• Miscellaneous Provisions: A variety of provisions are provided in Title IV, including ones to help libraries retain sound recordings, assist with distance education, help broadcasters with certain statutory licenses and clarify duties that the U.S. Copyright Office must carry out. There is also language in this title concerning transfer of film rights and collective bargaining.
• Vessel Hull Design Protection Act: Title V offers copyright protections for designs of boat hulls, which were not previously covered under past copyright laws.
Illegally downloading music and movies is still a rampant problem, but with the DMCA the government finally has some teeth to help in curtailing the issue to an extent. The law was created in order to encourage people to continue creating works of art and benefitting from their creations. If you own a business that relies on copyrights, then you have something to gain from this law. It can help to brush up on the finer details of the law so that you know what your rights are if you discover someone illegally sharing your copyrighted materials online.
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