Question

Discuss Title I and Title II of the DMCA, including the primary protections it provides for copyright material as well as the associated penalties. Does it provide excessive power to copyright holders? Provide your reasons.

Answer 1

ANSWER:

The Digital Millennium Copyright Act (DMCA) is copyright law which enacted in the USA and signed two WIPO treaties: WIPO copyright and performance and phonogram treaty. The WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT) both provide protection to their own work from unauthorized access.

Title-1("WIPO Copyright and Performances and Phonograms Treaties

Implementation Act): According to this act, it ensures copyright protection and also the reasonable use of digital technology. The WIPO treaties help to introduce some technical modifications and enacted a forbidden law under the Title 17 of the U.S. In this law owner can protect their work to examine technology by using copyright. And another is that interfere with copyrighted material or work. If someone infringing the copyright law shall be liable for a penalty for that.

Title -|| (Online copyright infringement liability limitations):

DMCA Copyright Act provides facility to avoid copyright infringement to online service providers. It enables to users and operators to post all content such as music, video, text, picture etc. on the website. It creates a certain limitation on copyright infringement liability.

DMCA has given excessive power to copyright holder:

DMCA give excessive power to copyright holder because it played a great role to increase internet and also it provides facility to express our expression online freely. It also promotes protection against violating infringement work. And the copyright protection promotes the internet technology. Digital Millennium Copyright Act provides that ISP can implement to grant protection from copyright infringement by their users. An infringing person shall be liable for a penalty for that.