INTERNET LAW - Another Fine Line: Civil Liberties and the Digital Millennium Copyright Act

The Digital Millennium Copyright Act (DMCA), which was passed in 1998 in order to police online copyright infringement, has been widely criticized by civil rights organizations.  Among other criticisms, civil rights organizations contend that the DMCA's anti-circumvention measures stiffen free speech. 

Faced with the urge to protect their intellectual property against the new threats associated with technological advances, groups like the Recording Industry Association of America (RIAA) and the Motion Picture Association of America (MPAA) lobbied for new copyright law to protect them from digital interlopers.  As a response to these lobbying efforts, Congress passed the DMCA, which is intended to serve as a legal wall between digital copyright protection and those who seek to breach that protection.  There is no denying that digital copying capabilities are particularly alarming.  Online file swapping (P2P) companies enable users to make perfect digital copies of copyrighted music.  On the other side, civil rights organizations that see information as being free.  For these organizations, the DMCA is nothing but a way to control freedom of information for the benefit of a few powerful companies. 

According to supporters of the legislation, which are mainly copyright holders, the DMCA is a necessity, due to the various IP Cybercrimes threats that the Internet facilitates.  They point out that whereas music and movies require millions of dollars to produce and promote, they can be copied online for free in a few clicks.  Thus, from their perspective, the DMCA is supposed to ensure incentive for artists to create works, which would then be safe in digital form. 

Also, the "notice and takedown" provision make it possible for e-businesses that operate forums to post warnings that they will remove any infringing materials upon notice, in accordance with the provisions of the DMCA, and tell people how to notify violations.  By posting this and following up promptly on violations called to their attention, e-businesses can protect themselves against any liability for others' actions.  Besides, references to the DMCA help deterring potential copyright violators.

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