Digital Millennium Copyright Act
Digital Millennium Copyright Act (DMCA) is a federal statute addressing copyright issues arising from digital technology and the internet. It was enacted as Public Law 105-304 and signed into law on October 28, 1998, by President Bill Clinton. The statute implemented the World Intellectual Property Organization (WIPO) Copyright Treaty of 1996 into U.S. law, combined several additional proposed bills, and filled gaps in domestic copyright protections.
The DMCA strengthened copyright law in several areas. It expanded protections against new methods of digital infringement and established mechanisms for digital rights management (technological measures to control access and use). It also introduced safe harbor provisions that shield internet service providers from monetary liability for user infringement if they comply with specific requirements. Under 17 U.S.C. § 512, to enjoy this liability protection, the internet service providers must not have actual knowledge of infringement or be aware of circumstances from which infringement is apparent, not receive financial benefit directly from the infringing activity, and respond expeditiously to remove or address the infringing material.
The anti-circumvention provisions, under 17 U.S.C. § 1201, protect a copyright owner from circumvention (i.e., bypassing, removing, deactivating, or impairing) of technological measures that control access to a copyrighted work. In Universal City Studios, Inc. v. Corley, 273 F.3d 429 (2001), the defendants challenged the DMCA under the First Amendment and fair use exemption. The defendants lost at trial, and the Second Circuit affirmed the decision.
Key components include:
- WIPO Copyright and Performances and Phonograms Treaties Implementation Act of 1998 added Chapter 12 to the Copyright Act, prohibiting the circumvention of technological protection measures and trafficking in circumvention devices. Narrow exceptions exist, and the Library of Congress conducts a triennial rulemaking to create exemptions.
- Online Copyright Infringement Liability Limitation Act added Section 512, establishing four safe harbors for online service providers. These protect against damages if requirements are met, though injunctions may still issue. The safe harbor for user-generated content includes a “notice-takedown-putback” process for handling infringement claims.
- Vessel Hull Design Protection Act added Chapter 13, granting protection to original boat hull designs and assigning the Copyright Office a new role following the Supreme Court’s decision in Bonito Boats, Inc. v. Thunder Craft Boats, Inc., 89 U.S. 141 (1989).
- Computer Maintenance Competition Assurance Act amended Section 117 to allow third-party maintenance providers to use software licensed to a computer’s owner or lessee in servicing, overriding the Ninth Circuit’s 1993 decision in MAI Systems Corp. v. Peak Computer, Inc., 991 F.2d 511.
Additional provisions include revisions to library and archive exemptions under Section 108. When the DMCA is referenced in practice, it most often refers to its anti-circumvention rules or to the safe harbor framework for online service providers.
[Last reviewed in April of 2026 by the Wex Definitions Team]
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