COPYRIGHT CHALLENGES IN THE DIGITAL AGE: EFFECTS OF THE DIGITAL MILLENNIUM COPYRIGHT ACT.

COPYRIGHT C

HALLENGES

IN TH

E DIGITA

L AGE:

E F F E C T S O F T H E D I G I T A L M I L L E N N I U M C O P Y R I G H T A C T

WHAT IS COPYRIGHT?Copyright can be defined as “the exclusive right to reproduce, publish, sell or distribute the matter and form of something (as a literary, musical or artistic work)”. Serves the greater public good Encourages creativity Improves quality of information Protects the rights of the creator

THE COPYRIGHT ACT OF 1976Granted several exclusive right to owners To reproduce To distribute To display To publicly perform

Exceptions were granted to allow access First Sale Doctrine Section 108 Fair Use

THE DIGITAL MILLENNIUM COPYRIGHT ACTDivided into 5 titles, the DMCA updates copyright law for the changes in digital technology and the requirements of the World Intellectual Property Organization.Title I - Standardizes the length of copyright period to life plus 70 years

Prohibits the circumventing of any technology used to protect copyrighted works

Title II - Limits the liability of an Online Service Provider regarding copyright infringement

Title III - Creates an exception for copying a computer program for maintenance or repair

Title IV - Provides exceptions for distance education and the copying of digital works for preservation and replacement

Title V - Implements a protection for the design of vessel hulls

CONCERNS FOR THE LIBRARY Is access compromised by extending the time before a work enters

the public domain? Is fair use in question with the restriction for circumventing

protective measures? As a library would be considered an OSP, do new liability issues

hinder a libraries ability to serve its users? How do they avoid legal repercussions for the actions of their

patrons? Does the DMCA tip the balance of copyright law in favor of the

creator?

THE FUTUREHow does the information organization move forward under the existing guidelines of the DMCA? Understand the rule put in place by the DMCA Set local policies to aid in compliance Education patrons Advocate positive change in future legislation

REFERENCESCopyright. (n.d.). In Merriam-Webster’s online dictionary. Retrieved September 26, 2015,

from http://www.merriam-webster.com/dictionary/copyright

Davis, T. L., & Fiander, P. M. (2001). The digital millennium copyright act: Key issues for serialists. Serials Librarian, 40(1-2), 85.

DMCA: The Digital Millennium Copyright Act. (n.d.). Retrieved September 28, 2015, from http://www.ala.org/advocacy/copyright/dmca

Henderson, C.C. (n.d.). Libraries as creatures of copyright: Why librarians care about intellectual property law and policy. Retrieved September 29, 2015, from www.ala.org/advocacy/copyright/copyrightarticle librariescreatures

Hirsh, S. (2015). Information services today: an introduction. Lanham, MD: Rowman & Littlefield.

The Digital Millennium Copyright Act of 1998 U.S. Copyright Office Study. (1998). Retrieved September 29, 2015, from www.copyright.gov/legislation/dmca.pdf