
The U.S. Digital Millennium Copyright Act
Christine Wildpaner
"A Challenge for Fair Use in the Digital Age" -
The book analyzes the DMCA by offering insights into the controversial regulations regarding copyright protection systems and copyright management information.
Wien 2004, 250 Seiten, EUR 38,– (USD 45,–), ISBN: 3-900741-42-5.
The Digital Millennium Copyright Act (DMCA) implements the Copyright Treaty and the Performances and Phonograms Treaty of the World Intellectual Property Organization (WIPO) in the U.S.A., strengthening the rights of copyright owners and supporting the fight against piracy of copyrighted works. The book analyzes the DMCA by offering insights into the controversial regulations regarding copyright protection systems and copyright management information. To show the potential of the DMCA being a challenge for fair use, the book explores relevant cases, such as U.S vs. Elcomsoft and Skylarov, and the suppression of academic research to be published by Edward W. Felten. Furthermore it investigates the background of the two 1996 WIPO Treaties, the influence of U.S. Copyright Law on the WTO, WIPO and future implications for Europe, specifically for the European Union’s Copyright Directive – the EU equivalent to the DMCA. In conclusion it tries to find a balance between the rights of the copyright owners and the needs of fair use. With an excerpt of the Digital Millennium Copyright Act and the text of the EU Copyright Directive 2001/29/EC ("Information Society Directive") in appendix. The Author Christine Wildpaner studied law at the University of Vienna. Based on her doctoral thesis in international copyright law, she wrote this book after intense legal research at the New York University, the Columbia University, the United Nations headquarters and the WIPO Liaison Office in New York. After gaining experience at international law firms in New York and Vienna with special emphasis on copyright law, she currently works at a world-wide accountancy firm.
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