But as Congress recognized, the only thing that remains constant is change. The enactment of the DMCA was only the beginning of an ongoing evaluation by Congress on the relationship between technological change and U. Our mandate was to evaluate "the effects of the amendments made by [title I of the DMCA] and the development of electronic commerce and associated technology on the operation of sections and of title17, United States Code; and the relationship between existing and emergent technology and the operation of sections and Part I of this Report describes the circumstances leading up to the enactment of the DMCA and the genesis of this study.
The DMCA criminalizes circumventing digital rights management software designed to prevent file sharing. The creation and sharing of technology or software that is designed to defeat copyright protections is also criminalized.
There are both civil and criminal penalties for violations of the DMCA. Intentional violations of the DMCA can result in monetary damages as well as imprisonment.
The federal court has the power to grant injunctions against the defendant to prevent future infringements. The plaintiff may also recover any profits the defendant made from the infringement which can run to many thousands of dollars. Repeat offenders may face triple damages if they violate the DMCA within three years of a judgment.
In one recent case, a photographer's images were stolen and used on a health science company's website. Criminal violation of the DMCA occurs when the defendant willfully violated the law for commercial or personal financial gain, such as selling "cracked" copies of copyrighted software.
If the defendant is found to have violated the DMCA, the court can order the destruction of the defendant's property; the court can also order the destruction of goods produced by those tools.
Any technology a defendant used to circumvent copyright protections or violate the plaintiff's copyrights, such as CD and DVD burners, computers and software disks can be seized or destroyed.H.
Maria Perry (Bascom) has been a writer and blogger since She is a contributing editor to "Pink Panther Magazine," as well as a professional photographer, visual artist and poet. Section 1 (definition)-What is it?-Why and when did it come about? Section 2-What are some of the issues/problems see with this Act?
(jeopardize fair use? hurt freedom of .
Many people have written with great care and lucidity about problems with the Public Law , also known as the Digital Millenium Copright Act (DMCA). Below are links to the DMCA itself and articles written by professionals.
I wrote the following as a persuasive essay for English class. It is meant to familiarize the reader to fair use laws, and some of the effects of the DMCA.
The Pros and Cons of Ethanol Essay; Education at a Year-Round School Essay; Essay about Theoretical Benefits of No Child Left Behind Law; Decisions Made by Women in Pride and Prejudice by Jane Austen. Many people have written with great care and lucidity about problems with the Public Law , also known as the Digital Millenium Copright Act (DMCA).
Below are links to the DMCA itself and articles written by professionals.