What is the Digital Millennium Copyright Act?

The Digital Millennium Copyright Act was passed by Congress and signed into law by President Clinton in 1998. If you’re not familiar with the Digital Millennium Copyright Act (DMCA) you might be wondering. What is the Digital Millennium Copyright Act? And more so, what does it mean for filmmakers that regularly use copyrighted material in things like documentaries under fair use? 

What is the Digital Millennium Copyright Act?

The Digital Millennium Copyright Act (DMCA) represents key legislation. Which was enacted in October 1998 making distinct changes to the U.S. Copyright Act.

The purpose of the DMCA was to bring the then current Copyright law up to speed. And into compliance with the World Intellectual Property Organization (WIPO) Copyright Treaty. As well as the WIPO Performances Phonograms Treaty.

Under the DMCA, legal protections and intellectual property rights were strengthened. Just as new technologies were emerging in the communication era. Including the rise of the internet, digital files, and file sharing.

The DMCA was designed specifically to provide copyright holders with special protections regarding online theft. Under the DMCA the reproduction or distribution of copyrighted works. Including music, movies, text or other material is illegal.

Under the federal copyright law, violations may occur if:

• Unauthorized material is downloaded.
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• Copyrighted material is transferred using the internet. 
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• Copywritten music is included in a film that will be distributed.
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• Copyrighted images are included in a film that is shared online.

Encrypted Materials

Under DMCA copyright protections, the activity of using encrypted materials including the content that was on DVDs, Blu-rays, and content that was restricted by other “Access controls” such as password protections would be illegal.

However, eventually it was found that some of the protections that were installed were actually not serving the purpose that was intended.

In fact, the protections to DVD and Blu-ray were in fact significantly more than was required. And steps would be taken ultimately to provide exemptions.

Exemptions for Documentary Filmmakers

The Digital Millennium Copyright Act created several distinct challenges for filmmakers, specifically documentary filmmakers that access and use footage that is found online.

However, exemptions announced by the U.S. Copyright Office allow documentary filmmakers to access and use footage that was otherwise protected and previously unavailable to them but the exemption does not apply to filmmakers that produce fiction films.

Blu-Ray Content

The exemption allows for access to Blu-ray content and higher quality formats of digitally transmitted video. Under the new exemptions, documentary filmmakers can claim fair use for significantly more material than they previously could.

Now that the DMCA exemption has been expanded to include Blu-ray footage. In addition to various other forms of content that had previously been exempt for documentary filmmakers. 

The Summary

So, what is the Digital Millennium Copyright Act? It’s a unique step towards further protection of copyrighted material in the digital age. Which provides unique rights protections in regards to the use of copyrighted material found online and on various digital products.