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3. Teaching with Technology
3.1. Teaching
The Digital Millennium Copyright Act
The 1998 enactment of the Digital Millennium Copyright Act (DMCA) represents the most comprehensive reform of United States copyright law in a generation. The DMCA seeks to update U.S. copyright law for the digital age in preparation for ratification of the World Intellectual Property Organization (WIPO) treaties.
Key among the topics included in the DMCA are provisions concerning the circumvention of copyright protection systems, fair use in a digital environment, and online service provider (OSP) liability (including details on safe harbors, damages, and "notice and takedown" practices).
- Digital Millennium Copyright Act
- This is the Library of Congress text, updated with 6 versions of Bill Number H.R.2281 for the 105th Congress.
- http://thomas.loc.gov/cgi-bin/query/z?c105:H.R.2281:
- Copy Control Complaint Desk Opens: Formal public comment on DMCA invited for one month, then feds will reconsider act (November 2002)
- http://www.pcworld.com/news/article/0,aid,107129,00.asp
- The Copyright Office is now accepting comments on the 1998 Digital Millennium Copyright Act, which made it illegal to copy digital entertainment and imposed a number of other restrictions that have drawn users' ire. The comment period ends December 18. A comment form is available online.
- Unintended Consequences: Three Years Under the DMCA (May 2002)
- http://www.eff.org/IP/DMCA/20020503_dmca_consequences.html
- An Electronic Frontier Foundation (EFF) white paper by Senior Intellectual Property Attorney Fred von Lohmann. A discription of some of the very real problems that have already appeared because of the Digital Millennium Copyright Act.
- Study Required by Section 104 of the Digital Millennium Copyright Act (8/29/01)
- http://www.loc.gov/copyright/reports/studies/dmca/dmca_study.html
- Section 104 of the DMCA directs the Register of Copyrights and the Assistant Secretary of Commerce for Communications and Information to prepare a report for the Congress examining the effects of the amendments made by title 1 of the Digital Millennium Copyright Act, ("DMCA") and the development of electronic commerce on the operation of sections 109 and 117 of title 17, United States Code, and the relationship between existing and emerging technology and the operation of such sections.
- Ruling on Exemptions from Prohibition on Circumvention of Technological Measures that Control Access to Copyrighted Works
- http://www.loc.gov/copyright/1201/anticirc.html
- A new ruling was issued to implement the Digital Millennium Copyright Act (DMCA). The Librarian of Congress, on the recommendation of the Register of Copyrights, has announced the classes of works subject to the exemption from the prohibition on circumvention of technological measures that control access to copyrighted works. These exemptions take effect October 28, 2000 to October 28, 2003.
- Legal Concerns Delay Publication of Research on 'Digital Watermarks'
- http://chronicle.com/article/Legal-Concerns-Delay-Public/16689/
- A Princeton University computer-science professor says the publication of his group's research on technology for protecting music files has been delayed while lawyers for the universities involved discuss whether publishing the research violates the Digital Millennium Copyright Act.
- New Interpretation of Digital-Copyright Provision Disappoints Scholars
- http://chronicle.com/article/Scholars-Decry-New-Copyrigh/33467/
- Scholars are denouncing a Library of Congress rule that sharply limits when people can sidestep technological devices designed to restrict the use of online material protected under copyright law.
- U.S. Copyright Office Summary of the Digital Millennium Copyright Act of 1998
- http://chronicle.com/free/2000/10/2000103101t.htm
- This December 1998 memorandum by the U.S. Copyright Office provides an overview of the law's provisions. The memorandum briefly summarizes each of the five titles of the DMCA.
- Copyright Office Conducts Study on How to Promote Distance Education through Digital Technologies
- http://www.educause.edu/issues/digitaltech.html>
- As required by Section 403 of the DMCA, the Copyright Office conducted a study on how to promote distance learning through digital technologies, while "maintaining an appropriate balance between the rights of the copyright owners and the needs of users of copyrighted works." As directed, the Office consulted with representatives of copyright owners and nonprofit education and library institutions. Recommendations were due to Congress by April 28, 1999.
- EDUCAUSE Statement on Copyright Office Interim Regulations for 'Service Providers'
- http://www.educause.edu/netatedu/contents/reports/agentletter981110r.html
- EDUCAUSE has issued a letter for members briefly explaining the Interim Regulations for the new Digital Millennium Copyright Act and recommending a course of action to ensure that universities who are also "service providers" can take full advantage of the protections offered by the new law. The recently enacted Act includes infringement liability exemptions for online service providers. The Copyright Office on November 3 issued the Interim Regulations--effective immediately--that require such service providers to take certain steps before they can avail themselves of the OSP liability exemptions contained in the new Act.
- A Primer on Distance Learning and Intellectual Property Issues
- http://www.teletrain.com/copyrigh.htm
- A summary of copyright issues and how they pertain to distance learning.
- Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers
- http://www.arl.org/info/frn/copy/osp.html
- D.C. law firm Lutzker & Lutzker and the Association of Research Libraries have produced this memorandum that explains in detail the new DMCA provisions pertaining to OSP liability, including "notice-and-takedown" requirements, "notice and put-back," and certain safe harbors contained in Title II of the Digital Millennium Copyright Act.
Articles from EDUCAUSE publications
- Copyright Endurance & Change
- http://www.educause.edu/ir/library/pdf/ERM0061.pdf
- By Georgia K. Harper, EDUCAUSE Review, Volume 35, Number 6, November/December 2000
- Distance Learning and Copyright: Is a Solution in Sight?
- http://www.educause.edu/ir/library/html/cem9932.html
- By Laura N. Gasaway, CAUSE/EFFECT, Volume 22, Number 3, 1999
- What Colleges and Universities Need to Know about the Digital Millennium Copyright Act
- http://www.educause.edu/ir/library/html/cem9913.html
- By Casey Lide, CAUSE/EFFECT, Volume 22, Number 1, 1999
Washington Update
Past issues of EDUCAUSE's online newsletter, Washington Update, report on the DMCA legislation.
- June 28, 1999 : House Judiciary Subcommittee Debates Recommendations Of Copyright Office Report
- June 21, 1999 : House Judiciary Subcommittee To Hold Hearing On Copyright Office Report
- June 7, 1999 : Copyright Office Issues Report To Congress
- January 12, 1999 : Intellectual Property (Digital Millennium Copyright Act, database protection)
- November 20, 1998: Network Service Providers Must Register with Copyright Office to be Eligible for New Copyright Law Liability Protections
- November 3, 1998 : President Signs Copyright Treaty into Law
- October 9, 1998 : Congress Reaches Agreement on WIPO Copyright Act; Database Amendment Dropped
- June 23, 1998: House Commerce Subcommittee Approves WIPO Legislation with Amendments
- May 19, 1998: Senate Overwhelmingly Passes WIPO Copyright Legislation
- April 10, 1998: House Judiciary Committee Approves WIPO Copyright Treaties Implementation Act
Online Resources from the EDUCAUSE Information Resources Library Digital Millennium Copyright Act (DMCA)
- Digital Millennium Copyright Act (DMCA)
- Digital Rights Management
- Intellectual Property Regulation
Online Discussions and Network Groups
- Digital Rights Management
- http://listserv.utk.edu/archives/rights-l.html
- This list was created for the discussion on digital rights management (DRM) development in support of the building and sharing of digital resource collections.
This page was adapted from the Educause Website
Adapted from the Eberly Center for Teaching Excellence at Carnegie Mellon University
