Dmca
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The Digital Millennium Copyright Act (DMCA) is a United States copyright law that implements WIPO treaties. It aims to balance copyright protections with fair use and online service provider liability. The DMCA provisions address circumventing copyright protection systems, fair use, and notice-and-takedown procedures for online service providers. Indian copyright law requires modernization to address digital challenges. The Copyright Amendment Bill 2010 seeks to update Indian law based on international treaties, but critics say it does not go far enough.
Dmca
- 1. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 DMCA COIMBATORE FILMA VARGHESE BB1, Park Avenue, TRADE MARK DEPARTMENT # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
- 2. WHAT IS DMCA? CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, • Digital Millennium Copyright Act (DMCA) is a United States Mylapore, Chennai - 600 004. Copyright Law that implements two 1996 treaties of the World Tel: +91 - 44 - 2498 4821 Intellectual Property Organization (WIPO). BANGALORE Suite 920, Level 9, • Passed unanimously on May 14, 1998 Raheja Towers, 26-27, M G Road, Bangalore - 560 001. • Amends Title 17 of the US code Tel: +91 - 80 - 6546 2400 • Illegal to produce or disseminate any technology that circumvents COIMBATORE BB1, Park Avenue, measures to protect copyright # 48, Race Course Road, Coimbatore - 641018. • It also criminalizes the act of circumventing an access control, whether Tel: +91 - 422 – 6552921 or not there is actual infringement of copyright itself. • Increases penalties for Copyright infringement on the Internet • On May 22, 2001, the European Union passed the Copyright Directive or EUCD, which addresses some of the same issues as the DMCA. EMAIL info@altacit.com WEBSITE www.altacit.com
- 3. PROVISIONS IN DMCA CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, DMCA are provisions concerning the circumvention of copyright Chennai - 600 004. Tel: +91 - 44 - 2498 4821 protection systems, fair use in a digital environment, and online service BANGALORE provider (OSP) liability (including details on safe harbors, damages, and Suite 920, Level 9, Raheja Towers, 26-27, M G Road, "notice and takedown" practices). Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE DMCA: Title I BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 • Implements the portions of the treaties of World Intellectual Property Organization • Amends parts of the US Law to include references to WIPO • Bans the Production/Sale/Distribution of any device or Software that circumvents Copyright protections EMAIL info@altacit.com WEBSITE www.altacit.com
- 4. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, DMCA: Title II Chennai - 600 004. Tel: +91 - 44 - 2498 4821 • Protects online service providers (including ISP’s) from copyright BANGALORE liability if they comply with certain guidelines provided in the Act Suite 920, Level 9, Raheja Towers, • Service providers must promptly restrict access to materials if they 26-27, M G Road, Bangalore - 560 001. receive notification from a copyright holder or their agent. Tel: +91 - 80 - 6546 2400 COIMBATORE • May be forced to release identity of subscribers allegedly committing BB1, Park Avenue, # 48, Race Course Road, the infringement Coimbatore - 641018. Tel: +91 - 422 – 6552921 DMCA: Title III • Permits the copy of software for the purpose of repairing or maintaining a computer • The copy must be destroyed after the computer is repaired EMAIL info@altacit.com WEBSITE www.altacit.com
- 5. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, DMCA: Title IV Mylapore, Chennai - 600 004. • Grants exemption from making “ephemeral recordings” to facilitate a Tel: +91 - 44 - 2498 4821 transmission BANGALORE Suite 920, Level 9, • Added provisions for distance education Raheja Towers, 26-27, M G Road, Bangalore - 560 001. • Added provisions to assist libraries with keeping copies of recordings Tel: +91 - 80 - 6546 2400 • Added provisions related to collective bargaining and the transfer of COIMBATORE BB1, Park Avenue, movie rights # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 DMCA: Title V • Added sections to add a sui generis protection for boat hull designs • The Vessel Hull Design Protection Act • Created a system to protect designs of certain vehicles that make them attractive or distinctive in appearance EMAIL info@altacit.com WEBSITE www.altacit.com
- 6. CRITICISMS CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, 26-27, M G Road, The DMCA (U.S.) has been criticized for making it Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 too hard for copyright owners to protect their COIMBATORE BB1, Park Avenue, rights. # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
- 7. COPYRIGHT LAW – INDIA CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, Only little attention has been paid to modernize 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 copyright law in view of the challenges raised by the COIMBATORE new digital environment and the internet which has been described by the WIPO. BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
- 8. COPYRIGHT AMENDMENT BILL 2010 CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, • India is not a signatory to either of these treaties which entered into Mylapore, Chennai - 600 004. force in 2002 and also refused WIPO’s call to sign the treaties in July Tel: +91 - 44 - 2498 4821 2008, the Bill seeks to conform Indian law to these “Internet BANGALORE Suite 920, Level 9, Treaties.” Raheja Towers, 26-27, M G Road, • Copyright holders will continue to be protected by copyright when Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 their works are published on the internet. This principle is implicit in COIMBATORE BB1, Park Avenue, section 14 of the existing Copyright Act while not expressly stated. # 48, Race Course Road, Coimbatore - 641018. • The Bill seeks to introduce both of these two prongs of the “anti- Tel: +91 - 422 – 6552921 circumvention provisions” into the Copyright Act through the new sections 64A and 65B. The new section 65A(1) provides that any person who circumvents an effective technological measure applied for the purpose of protecting any of the rights conferred by the Act with the intention of infringing such rights shall be punishable with EMAIL imprisonment which may extend to two years and shall also be liable info@altacit.com to fine. WEBSITE www.altacit.com
- 9. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, • The Bill does not follow the approach of the DMCA which Mylapore, Chennai - 600 004. incorporated the “anti-circumvention provisions” of the WCT into Tel: +91 - 44 - 2498 4821 U.S. law in 1998 as it does not distinguish between technological BANGALORE Suite 920, Level 9, measures which prevent unauthorized access to a copyrighted work Raheja Towers, 26-27, M G Road, and measures that prevent unauthorized copying of a copyrighted Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 work. The DMCA only prohibits the circumvention of the access COIMBATORE control measures and not the copy control measures because BB1, Park Avenue, # 48, Race Course Road, copying of a work may be fair use under appropriate circumstances. Coimbatore - 641018. Tel: +91 - 422 – 6552921 Moreover, the DMCA creates a civil right of action, in addition to criminal remedies, and any person injured by the circumvention of the technological measures intended to protect his rights can seek monetary damages against the offender in U.S. Federal Court. The Bill, however, fails to give copyright holders a right of action and provides only for criminal remedies. EMAIL info@altacit.com WEBSITE www.altacit.com
- 10. CHENNAI 3rd Floor, ‘Creative Enclave’, • The main objective of the proposed section 65A is to enable 148-150, Luz Church Road, Mylapore, authors of copyrighted works to use encryption techniques in order Chennai - 600 004. Tel: +91 - 44 - 2498 4821 to protect their copyrighted works against unauthorized BANGALORE dissemination on the internet. However, Indian law, in any case, Suite 920, Level 9, Raheja Towers, severely restricts the use of encryption technology by providing that 26-27, M G Road, Bangalore - 560 001. DoT approval is required for use of encryption levels higher than Tel: +91 - 80 - 6546 2400 the outdated 40-key bit length. Today, 128-256-key bit length is COIMBATORE BB1, Park Avenue, required to protect communications from interception. # 48, Race Course Road, Coimbatore - 641018. • While the older technologies of photocopying and taping were Tel: +91 - 422 – 6552921 expensive, time-consuming and produced copies of lower quality than the original, the internet enables one to make instantaneous copies of the same quality. Earlier, copies had to be individually faxed or couriered to each recipient. Today, an unlimited number of copies can be distributed instantaneously around the world with the click of a mouse. Copyright law, therefore, has to rise to the challenge of how to EMAIL info@altacit.com protect the rights of authors of works published on the internet. WEBSITE www.altacit.com
- 11. CONCLUSION CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 In order to modernize Indian Copyright Law, the Bill BANGALORE Suite 920, Level 9, has to go beyond only copying the provisions of the Raheja Towers, 26-27, M G Road, WCT and WPPT and should incorporate the Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 provisions necessary to ensure that authors have the COIMBATORE BB1, Park Avenue, # 48, Race Course Road, access to encryption and other technological means to Coimbatore - 641018. Tel: +91 - 422 – 6552921 protect their works published on the internet from hacking and can enforce those rights in the courts. EMAIL info@altacit.com WEBSITE www.altacit.com
- 12. CHENNAI 3rd Floor, ‘Creative Enclave’, 148-150, Luz Church Road, Mylapore, Chennai - 600 004. Tel: +91 - 44 - 2498 4821 BANGALORE Suite 920, Level 9, Raheja Towers, THANK YOU 26-27, M G Road, Bangalore - 560 001. Tel: +91 - 80 - 6546 2400 COIMBATORE BB1, Park Avenue, # 48, Race Course Road, Coimbatore - 641018. Tel: +91 - 422 – 6552921 EMAIL info@altacit.com WEBSITE www.altacit.com
Editor's Notes
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