DIGITAL MILLENNIUM COPYRIGHT ACT STATUTORY PENALTIES

According to its Executive Summary, the United States Digital Millennium Copyright Act (DMCA) of 1998 was the “foundation of an effort by Congress to implement United States treaty obligations and to move the nation's copyright law into the digital age.” The World Intellectual Property Organization (WIPO), its treaties, and the Berne Convention became the logical end for subsequent copyright U.S. legislation, due the U.S. commitment to accepting WIPO standards. Harsh civil and criminal penalties were also part of the new regime established by the DCMA, as found in § 1203 & § 1204, that could net a copyright violator up to ten years in prison and a million dollar fine, as well even larger penalties for restitution of ill-gotten gains. This article explains the statutory penalties for breaching the DMCA, and the following questions are answered to better explain the Act's details: What is article 11 of the WIPO and why is it Important?, Where are the remedies for violations of the DMCA rules?, What are the civil remedies for violations of the DMCA?, What are the criminal remedies for violating the DMCA? and what is the Savings Clause?

The following questions have been addressed in this article:

What is Article 11 of the WIPO & Why is the WIPO Important?
Where are the Remedies for Violations Located in the DMCA?
What are the Civil Remedies for Violations of the DMCA?
What are the Criminal Remedies for Violating the DMCA?
What is the Savings Clause?

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