Posted: August 1st, 2022

Digital Millennium Copyright Act

Submit a one page outline with your proposed term paper title, thesis statement, and an outline of the subtopics you will cover in your paper. The term paper details are listed below. ALL TOPICS MUST BE APPROVED. A FAILURE TO HAVE THE TOPIC APPROVED WILL RESULT IN A ZERO GRADE FOR THE TERM PAPER OUTLINE AND THE TERM PAPER. You can send a message with the topic for approval.

This project provides you with the opportunity to increase and demonstrate your understanding of cyberlaw theory and practice. You will need to choose a law(s) that you are interested in researching. The paper must be 4-6 pages in length detailing the below questions. Before completing the below steps, please make sure that the topic is approved.

1. Thesis: What law are you researching (You are to choose a specific law. Please do not choose a topic)? What position do you want to take in regard to your chosen law? You will need to decide if you agree or disagree with the current way the law is written. You can choose to like certain aspects of the law and not others.

2. Background: What is the existing point you want to challenge or support, and how did the law get to be that way (This is where you would need to find cases, background information, etc.)?

3. Inadequacies: What are the deficiencies in the present way of doing things, or what are the weaknesses in the argument you are attacking?

4. Adequacies: Discuss the positive aspects of the law?

5. Proposed Changes: How will we have a better situation, mode of understanding or clarity with what you are advocating? In short, how can the law be improved (or not diminished)? (This is where you have the chance to change the law with your own ideas of how it should be written).

6). Conclusion: Why should and how can your proposal be adopted?

A detailed implementation plan is NOT expected, but you should provide enough specifics for practical follow-up. In making recommendations, you are expected to draw on theories, concepts and reading.

When writing the term paper you must have a minimum of 3-5 outside sources cited and referenced in the paper.

When writing the term paper you must have a minimum of 3-5 outside sources cited and referenced in the paper following APA guidelines.
Digital Millennium Copyright Act
Name
Institutional Affiliation
Project outline
Introduction
The Digital Millennium Copyright Act (DMCA), implemented in October of 1998, focused on enforcing intellectual property rights, most especially in the entertainment sector, so that the people who illegally trade music and the internet through the internet are prosecuted (Everson, 2019).
Thesis: However, specific provisions within the DMCA have prompted significant conflict within the dynamic interaction of the law and its protection of proprietors’ rights with consistent technological innovation and development.
Background:
Notably, the DMCA has generated widespread controversy on how its provisions stifle a broad range of intellectual activities. A look into the implementation of the DMCA regarding fair use, free expression, scientific research, and other important issues relating to upholding the legitimate interests of the intellectual property owners, it is evident that the law does stifle significant progression in them.
Two of the problematic provisions in Section 1201 deal with circumvention of copy-protections and Section 512, which permit the copyright holder to send a takedown notice to the website, among others believed to be infringing copyright. However, these laws would be abused by parties for reasons not related to copyright protection prompting activists to call for law reforms to clarify their scope.
Inadequacies:
The implications posed by the DMCA’s Section 1201 for the future are severe due to the desire of copyright holders to deploy more sophisticated copy protection tools (Clark, 2002). The different software industries are already routinely using other digital locks for protecting against unauthorized access and copying parts of their works that have not been paid. This process already raises concerns about the doctrine of fairness (Nast, 2016). Questions such as whether the copyright owners could depend entirely on the law for limiting the use of their copyrighted materials, especially when their conventional technologies arise. There is also the matter of what happens to the traditional doctrine of fair use when organizations use digital rights management tools to lock down copyrighted material.
Regarding Section 512, researchers at UC Berkeley and Columbia University asserted that a third of the law’s takedown notices had been founded on an unstable legal background (Nast, 2016). The bogus takedowns are classified in numerous categories that concern the proper scope of which kind of takedown notices need to be legally implemented.
Adequacies:
Generally, the DMCA has consistently addressed the challenges relating to the use of copyrighted material within the digital environment. The law has limited the liability of online service providers that have met particular conditions with a provision of specific procedures to address online infringement. Concerning Section 1201 of the DMCA. The law has played a massive role in encouraging copyright owners to access their works through digital formats. This is done by providing legal protection against any unauthorized access to their works. Section 512 has been considered the ‘safe harbor; la what protects the service providers who meet particular conditions from the monetary damage from any infringement on their users and the third parties in their networks.
Proposed Changes:
Considering that the current technological world would hate going back to the pre-DMCAS world, reforming these particular provisions would be recommended. Society needs to choose its vision for the future. They prefer either having restrictions on digital devices that copyrights or securing our technological freedom at the expense of greater privacy. Both situations will have the copyright law losing its familiar ground. The study recommends that Section 1201 be improved by stressing the critical importance of anti-trafficking rules that will impede the growth of businesses focussed on profiting through unauthorized access to copyrighted works (Madigan, 2021). The provisions must not be weekend to avoid the widespread availability of techniques to mass infringement.
Conclusion
Sections 1201 and 512 of the DMCA need to be reformed adequately to clarify their scope and how infringement can be prevented in the current dynamic world. Notably, by comprehensively analyzing the desired possible future, stakeholders can identify the reforms needed within the provisions.

References
Clark, D. (2002, April). How copyright became controversial. In Proceedings of the 12th annual conference on Computers, freedom and privacy (pp. 1-10).
Everson, C. (2019, April 22). The Digital Millennium Copyright Act explained. Retrieved from https://www.legalzoom.com/articles/the-digital-millennium-copyright-act-explained
Madigan, K. (2021, March 22). Senate DMCA hearing explores the current state of section 1201. Retrieved from https://copyrightalliance.org/senate-dmca-hearing-explores-the-current-state-of-section-1201/
Nast, C. (2016, June 6). Hacker lexicon: What is the Digital Millennium Copyright Act? Retrieved from https://www.wired.com/2016/06/hacker-lexicon-digital-millennium-copyright-act/

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