WHAT IS THE DIFFERENCE BETWEEN THE DIGITAL MILLENIUM COPYRIGHT ACT OF 1998 AND THE COPYRIGHT ACT OF 1976?
With the ever-increasing importance of digital media, many photographers are becoming more and more interested in the Digital Millennium Copyright Act (DMCA). These photographers are seeking protection for their works through the DMCA. However, what many photographers fail to realize is that the standard protections found in the Copyright Act of 1976 are often more than sufficient to protect these photographers.
The Copyright Act of 1976 protects against the actual infringement (the illegal copying and, or, using) of a copyright. The right to control the reproduction (and thus prevent copying) of a work is one of the “exclusive rights” of the copyright holder. (17 U.S.C. §501). Therefore, when you sue someone for infringing upon your exclusive rights (illegally copying your work), you are suing under the Copyright Act of 1976.
IF THE COPYRIGHT ACT OF 1976 PROTECTS PHOTOGRAPHERS AGAINST INFRINGEMENT, WHAT IS THE PURPOSE OF THE DIGITAL MILLENNIUM COPYRIGHT ACT?
The Copyright Act of 1976 was enacted before the internet age. With the introduction of the internet, people acquired the ability to illegally copy and infringe upon the copyright holder’s exclusive rights at a scale that had arguably never been seen before.
In response, copyright holders used protective technologies (often computer programs) to protect their “exclusive rights”. In order to track a copyright holder’s works, these technologies used “copyright management information” that was often embedded intp the digital file of the works.
The DMCA was passed to make it illegal to sell and use technologies that circumvents a copyright holder’s protective technologies. (17 U.S.C. §1201). The DMCA also made it illegal to falsify, remove, or alter “copyright management information” that is used by a copyright holder’s protective technologies to track their works. (17 U.S.C. §1202).
Therefore, the Copyright Act of 1976 is still the law that protects a copyright holder’s “exclusive rights”, whereas, the DMCA is the law that protects certain technologies and digital information that is used by a copyright holder to protect their “exclusive rights”.
DO YOU HAVE QUESTIONS ABOUT THE DIGITIAL MILLENNIUM COPYRIGHT ACT? DO YOU WANT TO KNOW HOW ITS PROTECTIONS CAN HELP YOU? CALL FOR YOUR FREE CONSULTATION.
Feeling overwhelmed? Not yet ready to call? The links below will help answer some of your questions. Feel free to gain more information and feel more comfortable.
CLICK BELOW FOR ANSWERS TO COMMON QUESTIONS:
The links below provide detailed information to commonly asked questions. Click below:
- What Is The Most Important Thing You Can Do As A Photographer?
- How Do You Stop Someone From Using Your Photograph?
- What Are Damages For Copyright Cases?
- How Long Do You Have To Sue For Copyright Infringement?
- What Is The Difference Between The Digital Millennium Copyright Act And The Copyright Act Of 1976?
You are already reading this as you desire information, but why browse endless web pages looking for answers? Get the answers now. Call 866-790-2242 now for your free consultation.
(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.