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Recognizing the risks
to copyrighted works presented by digital technology and internet
distribution, the World Intellectual Property Organization (WIPO) in its
1996 WIPO Copyright Treaty (WCT) included a requirement that countries
that join the treaties 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 the treaty or the Berne Convention and that restrict
acts "not authorized by the authors concerned or permitted by law." The
1996 WIPO Performances and Phonograms Treaty (WPPT) contains a similar
provision.
The Digital Millennium Copyright Act (DMCA), passed by the U.S. Congress
in October 1998, implements the WIPO Treaties in U.S. law. The portion
prohibiting circumvention of technological protection of copyrighted
works is codified in a new chapter 12 to Title 17 of the U.S. Code.
These provisions change the law in ways that have major significance for
both copyright owners and users. The IIPP's study explored the impact of
such provisions.
The study focused on the many issues raised by anti-circumvention
legislation, and by the requirements of the WIPO treaties. Among the
questions explored were: Should anti-circumvention legislation be
subject to a general "legitimate purposes" exception, or will this
render such legislation ineffective? To what extent do
anti-circumvention provisions inhibit use of copyrighted works for
"legitimate purposes"? Are there specific exceptions in the DMCA that
should be narrowed or eliminated or others that should be included? Is
there a sound rationale for permitting circumvention in some cases, yet
restricting devices that enable that activity? How effective are
technological measures in protecting copyrighted works now, and how
effective are they likely to be in the future? How are other countries
implementing the anti-circumvention provisions of the treaties?
In the course of its study the IIPP consulted with individual legal
experts, domestic and foreign, as well as technological consultants. The
IIPP conducted a series of roundtable discussions with interested groups
and entities, e.g., representatives of authors' collecting societies,
various copyright industries, librarians, educators, user groups, etc.
The Final Report was published in the Spring 2004 issue of the Columbia
Journal of Law and the Arts, Volume 27, No. 4.
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