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Digital Millennium Copyright Act
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to copyrighted works (commonly known as digital rights management or DRM). It also criminalizes the act of circumventing an access control, whether or not there is actual infringement of copyright itself. In addition, the DMCA heightens the penalties for copyright infringement on the Internet. Passed on October 12, 1998, by a unanimous vote in the United States Senate and signed into law by President Bill Clinton on October 28, 1998, the DMCA amended Title 17 of the United States Code to extend the reach of copyright, while limiting the liability of the providers of online services for copyright infringement by their users. The DMCA's principal innovation in the field of copy ...
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Title 17 Of The United States Code
In the United States Code, Title 17 outlines its copyright law. It was codified into positive law on July 30, 1947. The latest version is from December 2016. * —Subject Matter and Scope of Copyright * —Copyright Ownership and Transfer * —Duration of Copyright * —Copyright Notice, Deposit, and Registration * — Infringement and Remedies * —Manufacturing Requirements and Importation * —Copyright Office * —Proceedings by Copyright Royalty Judges * — Protection of Semiconductor Chip Products * — Digital Audio Recording Devices and Media * —Sound Recordings and Music Videos * — Copyright Protection and Management Systems * —Protection of Original Designs References External links * U.S. Code Title 17 via Wikimedia CommonsU.S. Code Title 17via United States Copyright OfficeU.S. Code Title 17via United States House of RepresentativesU.S. Code Title 17 via United States Government Printing OfficeU.S. Code Title 17 via Cornell University Cornell Unive ...
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Legal Liability
In law, liable means "responsible or answerable in law; legally obligated". Legal liability concerns both civil law and criminal law and can arise from various areas of law, such as contracts, torts, taxes, or fines given by government agencies. The claimant is the one who seeks to establish, or prove, liability. Theories of liability Claimants can prove liability through a myriad of different theories, known as theories of liability. Which theories of liability are available in a given case depends on nature of the law in question. For example, in case involving a contractual dispute, one available theory of liability is breach of contract; or in the tort context, negligence, negligence per se, respondeat superior, vicarious liability, strict liability, or intentional conduct are all valid theories of liability. Each theory of liability has certain conditions, or elements, that must be proven by the claimant before liability will be established. For example, the theo ...
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Fair Use
Fair use is a doctrine in United States law that permits limited use of copyrighted material without having to first acquire permission from the copyright holder. Fair use is one of the limitations to copyright intended to balance the interests of copyright holders with the public interest in the wider distribution and use of creative works by allowing as a defense to copyright infringement claims certain limited uses that might otherwise be considered infringement. Unlike " fair dealing" rights that exist in most countries with a British legal history, the fair use right is a general exception that applies to all different kinds of uses with all types of works and turns on a flexible proportionality test that examines the purpose of the use, the amount used, and the impact on the market of the original work. The doctrine of "fair use" originated in the Anglo-American common law during the 18th and 19th centuries as a way of preventing copyright law from being too rigidly appli ...
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University Of Pennsylvania Law Review
The ''University of Pennsylvania Law Review'' is a law review published by an organization of second and third year J.D. students at the University of Pennsylvania Law School. It is the oldest law journal in the United States, having been published continuously since 1852. Currently, seven issues are published each year with the last issue traditionally featuring papers from symposia held by the review each year. It is one of the four law reviews responsible for publication of the ''Bluebook''. It is one of seven official scholarly journals at the University of Pennsylvania Law School, and was the third most cited law journal in the world in 2006. In addition to the print edition, the ''University of Pennsylvania Law Review'' also publishes the ''University of Pennsylvania Law Review Online'', formerly named ''PENNumbra'', an online supplement, which publishes debates, essays, case notes, and responses to articles that appeared in the print edition. History The journal was found ...
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United States House Committee On Energy And Commerce
The Committee on Energy and Commerce is one of the oldest standing committees of the United States House of Representatives. Established in 1795, it has operated continuously—with various name changes and jurisdictional changes—for more than 200 years. The two other House standing committees with such continuous operation are the House Ways and Means Committee and the House Rules Committee. The committee has served as the principal guide for the House in matters relating to the promotion of commerce and to the public's health and marketplace interests, with the relatively recent addition of energy considerations among them. Role of the committee The House Committee on Energy and Commerce has developed what is arguably the broadest (non-tax-oriented) jurisdiction of any congressional committee. The committee maintains principal responsibility for legislative oversight relating to telecommunications, consumer protection, food and drug safety, public health, air quality and env ...
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WIPO Performances And Phonograms Treaty
The WIPO Performances and Phonograms Treaty (or WPPT) is an international treaty signed by the member states of the World Intellectual Property Organization and was adopted in Geneva on 20 December 1996. It came into effect on 20 May 2002. As of August 2021, the treaty has been 109 contracting parties. WPPT was adopted with an objective to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible. This treaty would not disturb the existing obligations that Contracting Parties have to each other under the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations done in Rome, 26 October 1961 (Rome Convention). Articles 18 and 19 of the WPPT provide similar obligations for performers and producers of phonograms to contracting states as provided under Articles 11 and 12 of the WCT. The Digital Millennium Copyright Act is the United States's imple ...
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Anti-circumvention
Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow. The requirement for anti-circumvention laws was globalized in 1996 with the creation of the World Intellectual Property Organization's Copyright Treaty. Background Article 11 of WIPO Copyright Treaty "Obligations concerning Technological Measures" requires contracting parties to "...provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law." Article 12 of WIPO Copyright Treaty "Obligations concerning Rights Management Information" requires contracting parties to "...provide adequate and effective lega ...
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World Intellectual Property Organization Copyright Treaty
The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2021, the treaty has 110 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties". History During the earlier stages of negotiations, the WCT was seen as a protocol to the Berne Convention, constituting an update of that agreement since the 1971 Stockholm Conference.Mort SA, 'The WTO, WIPO & the Internet: Confounding the Borders of Copyright and Neighboring Rights' (1997–98) 8 Fordham Intell Prop Media & Ent LJ 173. However, as any amendment to the Berne Convention required unanimous consent of all parties, the WCT was ...
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WIPO Copyright Treaty
The World Intellectual Property Organization Copyright Treaty (WIPO Copyright Treaty or WCT) is an international treaty on copyright law adopted by the member states of the World Intellectual Property Organization (WIPO) in 1996. It provides additional protections for copyright to respond to advances in information technology since the formation of previous copyright treaties before it. As of August 2021, the treaty has 110 contracting parties. The WCT and WIPO Performances and Phonograms Treaty, are together termed WIPO "internet treaties". History During the earlier stages of negotiations, the WCT was seen as a protocol to the Berne Convention, constituting an update of that agreement since the 1971 Stockholm Conference.Mort SA, 'The WTO, WIPO & the Internet: Confounding the Borders of Copyright and Neighboring Rights' (1997–98) 8 Fordham Intell Prop Media & Ent LJ 173. However, as any amendment to the Berne Convention required unanimous consent of all parties, the WCT was c ...
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Information Society Directive
The Information Society Directive (familiarly when first proposed, the Copyright Directive) is a directive of the European Union that was enacted to implement the WIPO Copyright Treaty and to harmonise aspects of copyright law across Europe, such as copyright exceptions. The directive was first enacted in 2001 under the internal market provisions of the Treaty of Rome. The draft directive was subject to unprecedented lobbying and was considered a success for Europe's copyright laws. The 2001 directive gave EU Member States significant freedom in certain aspects of transposition. Member States had until 22 December 2002 to transpose the directive into their national laws, although only Greece and Denmark met the deadline. Provisions Rights Articles 2–4 contain definitions of the exclusive rights granted to under copyright and related rights. They distinguish the "reproduction right" (Article 2) from the right of "communication to the public" or "making availab ...
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Electronic Commerce Directive 2000
The e-Commerce Directive, adopted in 2000, sets up an Internal Market framework for online services. Its aim is to remove obstacles to cross-border online services in the EU internal market and provide legal certainty for businesses and consumers. It establishes harmonized rules on issues such as the transparency and information requirements for online service providers; commercial communications; and electronic contracts and limitations of liability of intermediary service providers. Finally, the Directive encourages the drawing up of voluntary codes of conduct and includes articles to enhance cooperation between Member States. Twenty years after its passage, there is wide-ranging discussion within EU institutions about how to revise this directive in anticipation of the Digital Services Act. Historical background and aim of the Directive In the 1990s, when the general public started using the internet on a larger scale, the European Commission decided to set up a framework to ...
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European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a ''sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to ac ...
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