Digital Millennium Copyright Act (DCMA)
DRM was directly influence by the Digital Millennium Copyright Act (DCMA) . The DCMA was enacted in 1998. The law declared that "no person shall circumvent a technological measure that effectively controls access to a work protected" by copyright. The DCMA made it a crime not only to copy a protected work, but to de-encrypt an encrypted work without authorization. The law also contained stipulations that made it illegal to manufacture, release, or sell any tools, hardware or software designed to circumvent encryption of a copyrighted work. The DMCA contained provisions that gave ISPs and Web hosts "safe harbor" from copyright infringement claims if they implemented notices and removal procedures to eliminate infringing content (Robert Burgelman and Philip Meza). The act delineates the responsibilities of Internet service providers (ISPs) in cases of infringement online. For example, the law formalizes a noticed and takedown procedure between ISPs and copyright owners. It is now clear that when an ISP is aware it is posting or transmitting infringement content, the ISP must act to remove the infringing works or it may be liable for any resulting damages. However, the DMCA protects ISPs from legal action if the ISP gives notice and requests take down of infringing content (Benjamin Cha and Kausik Rajgopal). ISPs would play a major part in cases brought against DRM violators by providing the RIAA with their information.
The DMCA Act of 1998 was a significant overhaul of international copyright law. However, the law had the potential to make it illegal to manufacture and sell much of the software and hardware that technology companies hoped would make media over the Internet a common application and at the same time help pull them out of recession (Robert Burgelman and Philip Meza). At the same time, the DMCA allows "webcasting" (ie the digital streaming of audio content, including music). Companies ranging from CNN to MTV have sought to webcast. Under the DMCA, webcasters are given a statutory license to webcast, as long as they follow certain provisions (eg no more than two songs from the same artist can be played in a row, playlists cannot be pre-published, no user interactivity with the webcast is permitted) (Benjamin Cha and Kausik Rajgopal).
Consumer Broadband and Digital Television Promotion Act
In March 2002, the Consumer Broadband and Digital Television Promotion Act was introduced as legislation. It required that new hardware and software would block unauthorized copying of intellectual property. It allowed movie studios, record labels, and others to attach digital tags to a movie, song, or album that would encode rules about how it could be played, viewed, or copied on devices such as computers or digital TVs. Manufacturers and content owners would have a year to agree on technology to enforce these rules; after that, the Federal Communications Commission could impose a standard. It would then be illegal to manufacture devices that did not implement that standard (Robert Burgelman and Philip Meza).
Other Laws
International Laws are different and vary by country. For example, the European Union follows the EU Copyright Directive (EUCD) or the Information Society Directive (Infosoc). Other laws that affect Intellectual Property and initially DRM include:
- The Audio Home Recording Act (AHRA) of 1992
- Sonny Bono Copyright Term Extension Act (CTEA) of 1998
References:
Burgelman, Robert A. Meza, Philip. (2004).Finding the Balance: Intellectual Property in the Digital Age. Strategic Management of Technology and Innovation, 4th ed. Ed. Burgelman, Robert, Clayton Christensen and Steven Wheelwright. New York: McGraw-Hill Irwin.
Cha, Benjamin, and Kausik Rajgopal. (2004).Digital Distribution & the Music Industry in 2001: Case II-10. Strategic Management of Technology and Innovation, 4th ed. Ed. Burgelman, Robert, Clayton Christensen and Steven Wheelwright. New York: McGraw-Hill Irwin. 378-398.
Wikipedia.Org. (2008). Consumer Broadband and Digital Television Promotion Act. Retreived. July 3rd from http://en.wikipedia.org/wiki/Consumer_Broadband_and_Digital_Television_Promotion_Act
Wikipedia.Org. (2008). Digital Millennium Copyright Act. Retreived July 3rd from http://en.wikipedia.org/wiki/Digital_Millennium_Copyright_Act
Wikipedia.Org. (2008). EU Copyright DirectiveRetreived. July 3rd from http://en.wikipedia.org/wiki/EU_Copyright_Directive
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