ERIC Number: ED469640
Record Type: Non-Journal
Publication Date: 2001-Aug
Reference Count: N/A
DMCA Section 104 Report: A Report of the Register of Copyrights Pursuant to [Section] 104 of the Digital Millennium Copyright Act.
Library of Congress, Washington, DC. Copyright Office.
As required under section 104 of Public Law No. 105-304, this Report evaluates the effects of title I of the Digital Millennium Copyright Act (DMCA) of 1998 and the development of electronic commerce and associated technology on the operation of sections 109 and 117 of title 17, U.S.C. It also evaluates the relationship between existing and emergent technology and the operation of those sections. Specifically, this Report focuses on three proposals that were put forward during consultations with the public: creation of a "digital first sale doctrine"; creation of an exemption for the making of certain temporary incidental copies; and the expansion of the archival copying exemption for computer programs in section 117 of the Act. Part I of this Report describes the circumstances leading up to the enactment of the DMCA and the genesis of this study. Part I also examines the historical basis of sections 109 and 117 of the Act. Part II discusses the wide range of views expressed in the public comments and testimony. This input from the public, academic, libraries, copyright organizations, and copyright owners formed the core information considered by the Office in its evaluation and recommendations. Part III evaluates the effect of title I of the DMCA and the development of electronic commerce and associated technology on the operations of sections 109 and 117 in light of the information received and states conclusions and recommendations regarding the advisability of statutory change. Appendixes include: Federal Register Notices (June 5, 2000 and October 24, 2000); index of initial comments filed in response to 65 FR 35673 and index of reply comments (in order received by Copyright Office); and Schedule of Witnesses for the Joint Study on 17 U.S.C. Sections 109 and 117 required pursuant to DMCA Section 104 (Public Hearing, November 29, 2000). (AEF)
Descriptors: Copyrights, Electronic Publishing, Federal Legislation, Information Policy, Information Technology, Intellectual Property, Laws, Ownership, Public Policy
For full text: http://www.copyright.gov/reports/studies/dmca/dmca_study.html.
Publication Type: Reports - Evaluative
Education Level: N/A
Authoring Institution: Library of Congress, Washington, DC. Copyright Office.
Identifiers - Laws, Policies, & Programs: Digital Millennium Copyright Act 1998