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In addition to the safe harbors and exemptions the statute explicitly provides, 17 U.S.C. 1201(a)(1) requires that the Librarian of Congress issue exemptions from the prohibition against circumvention of access-control technology.
It is often called DMCA anti-circumvention provisions. It restricts the ability to make, sell, or distribute devices which circumvent digital restrictions management systems, adding Chapter 12 (sections 1201 through 1205 ) to US copyright law.
There have been recent claims [40] that the DMCA-embedded concepts of direct financial benefit, interference with standard technical measures, and the legislative red flag test for identifying infringing material are significantly challenged by the explosion of user-generated content unleashed by Web 2.0 technologies.
In 2017, Litman published a new edition of the book under a CC-BY-ND creative commons license through Maize Books. [7] The 2017 edition includes a new postscript [ 8 ] responding to some of the legal developments during the 19 years that followed Congress's enactment of the DMCA.
On June 9, 1790, the U.S. District Court of Pennsylvania registered the first work, the Philadelphia Spelling Book by John Barry. [ 4 ] In 1870, copyright functions were centralized in the Library of Congress under the direction of the then Librarian of Congress , Ainsworth Rand Spofford .
The basis for notice and takedown procedures under EU law is article 14 of the Electronic Commerce Directive, adopted in 2000.Article 14 applies to content hosts in relation to all "illegal activity or information".
Until recently, public libraries could not digitize orphaned books without risking being fined up to $150,000 if the owner of the copyright were to come forward. [2] This problem was briefly addressed in the 2011 case Authors Guild, Inc. v. Google, but the settlement in that case was later overturned.
Title 17, United States Code, Section 108 places limitations on exclusive copyrights for the purposes of certain limited reproduction by a public library or an archive. [38] [39] Title 17, United States Code, Section 107 also places statutory limits on copyright which are commonly referred to as the fair use exception. [40] [41]