1. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
DMCA
COIMBATORE FILMA VARGHESE
BB1, Park Avenue, TRADE MARK DEPARTMENT
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
2. WHAT IS DMCA?
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road, • Digital Millennium Copyright Act (DMCA) is a United States
Mylapore,
Chennai - 600 004. Copyright Law that implements two 1996 treaties of the World
Tel: +91 - 44 - 2498 4821
Intellectual Property Organization (WIPO).
BANGALORE
Suite 920, Level 9, • Passed unanimously on May 14, 1998
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
• Amends Title 17 of the US code
Tel: +91 - 80 - 6546 2400
• Illegal to produce or disseminate any technology that circumvents
COIMBATORE
BB1, Park Avenue, measures to protect copyright
# 48, Race Course Road,
Coimbatore - 641018. • It also criminalizes the act of circumventing an access control, whether
Tel: +91 - 422 – 6552921
or not there is actual infringement of copyright itself.
• Increases penalties for Copyright infringement on the Internet
• On May 22, 2001, the European Union passed the Copyright Directive
or EUCD, which addresses some of the same issues as the DMCA.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
3. PROVISIONS IN DMCA
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
DMCA are provisions concerning the circumvention of copyright
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 protection systems, fair use in a digital environment, and online service
BANGALORE provider (OSP) liability (including details on safe harbors, damages, and
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
"notice and takedown" practices).
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE DMCA: Title I
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
• Implements the portions of the treaties of World Intellectual Property
Organization
• Amends parts of the US Law to include references to WIPO
• Bans the Production/Sale/Distribution of any device or Software that
circumvents Copyright protections
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
4. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
DMCA: Title II
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 • Protects online service providers (including ISP’s) from copyright
BANGALORE liability if they comply with certain guidelines provided in the Act
Suite 920, Level 9,
Raheja Towers, • Service providers must promptly restrict access to materials if they
26-27, M G Road,
Bangalore - 560 001. receive notification from a copyright holder or their agent.
Tel: +91 - 80 - 6546 2400
COIMBATORE
• May be forced to release identity of subscribers allegedly committing
BB1, Park Avenue,
# 48, Race Course Road,
the infringement
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
DMCA: Title III
• Permits the copy of software for the purpose of repairing or
maintaining a computer
• The copy must be destroyed after the computer is repaired
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
5. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
DMCA: Title IV
Mylapore,
Chennai - 600 004. • Grants exemption from making “ephemeral recordings” to facilitate a
Tel: +91 - 44 - 2498 4821
transmission
BANGALORE
Suite 920, Level 9, • Added provisions for distance education
Raheja Towers,
26-27, M G Road,
Bangalore - 560 001.
• Added provisions to assist libraries with keeping copies of recordings
Tel: +91 - 80 - 6546 2400
• Added provisions related to collective bargaining and the transfer of
COIMBATORE
BB1, Park Avenue, movie rights
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
DMCA: Title V
• Added sections to add a sui generis protection for boat hull designs
• The Vessel Hull Design Protection Act
• Created a system to protect designs of certain vehicles that make
them attractive or distinctive in appearance
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
6. CRITICISMS
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
The DMCA (U.S.) has been criticized for making it
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 too hard for copyright owners to protect their
COIMBATORE
BB1, Park Avenue,
rights.
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
7. COPYRIGHT LAW – INDIA
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
Only little attention has been paid to modernize
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
copyright law in view of the challenges raised by the
COIMBATORE
new digital environment and the internet which has
been described by the WIPO.
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
8. COPYRIGHT AMENDMENT
BILL 2010
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• India is not a signatory to either of these treaties which entered into
Mylapore,
Chennai - 600 004. force in 2002 and also refused WIPO’s call to sign the treaties in July
Tel: +91 - 44 - 2498 4821
2008, the Bill seeks to conform Indian law to these “Internet
BANGALORE
Suite 920, Level 9, Treaties.”
Raheja Towers,
26-27, M G Road, • Copyright holders will continue to be protected by copyright when
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 their works are published on the internet. This principle is implicit in
COIMBATORE
BB1, Park Avenue,
section 14 of the existing Copyright Act while not expressly stated.
# 48, Race Course Road,
Coimbatore - 641018. • The Bill seeks to introduce both of these two prongs of the “anti-
Tel: +91 - 422 – 6552921
circumvention provisions” into the Copyright Act through the new
sections 64A and 65B. The new section 65A(1) provides that any
person who circumvents an effective technological measure applied
for the purpose of protecting any of the rights conferred by the Act
with the intention of infringing such rights shall be punishable with
EMAIL
imprisonment which may extend to two years and shall also be liable
info@altacit.com to fine.
WEBSITE
www.altacit.com
9. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
• The Bill does not follow the approach of the DMCA which
Mylapore,
Chennai - 600 004. incorporated the “anti-circumvention provisions” of the WCT into
Tel: +91 - 44 - 2498 4821
U.S. law in 1998 as it does not distinguish between technological
BANGALORE
Suite 920, Level 9, measures which prevent unauthorized access to a copyrighted work
Raheja Towers,
26-27, M G Road, and measures that prevent unauthorized copying of a copyrighted
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400 work. The DMCA only prohibits the circumvention of the access
COIMBATORE control measures and not the copy control measures because
BB1, Park Avenue,
# 48, Race Course Road, copying of a work may be fair use under appropriate circumstances.
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 Moreover, the DMCA creates a civil right of action, in addition to
criminal remedies, and any person injured by the circumvention of
the technological measures intended to protect his rights can seek
monetary damages against the offender in U.S. Federal Court. The
Bill, however, fails to give copyright holders a right of action and
provides only for criminal remedies.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
10. CHENNAI
3rd Floor, ‘Creative Enclave’, • The main objective of the proposed section 65A is to enable
148-150, Luz Church Road,
Mylapore,
authors of copyrighted works to use encryption techniques in order
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 to protect their copyrighted works against unauthorized
BANGALORE
dissemination on the internet. However, Indian law, in any case,
Suite 920, Level 9,
Raheja Towers, severely restricts the use of encryption technology by providing that
26-27, M G Road,
Bangalore - 560 001. DoT approval is required for use of encryption levels higher than
Tel: +91 - 80 - 6546 2400
the outdated 40-key bit length. Today, 128-256-key bit length is
COIMBATORE
BB1, Park Avenue, required to protect communications from interception.
# 48, Race Course Road,
Coimbatore - 641018. • While the older technologies of photocopying and taping were
Tel: +91 - 422 – 6552921
expensive, time-consuming and produced copies of lower quality than
the original, the internet enables one to make instantaneous copies of
the same quality. Earlier, copies had to be individually faxed or
couriered to each recipient. Today, an unlimited number of copies can
be distributed instantaneously around the world with the click of a
mouse. Copyright law, therefore, has to rise to the challenge of how to
EMAIL
info@altacit.com protect the rights of authors of works published on the internet.
WEBSITE
www.altacit.com
11. CONCLUSION
CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821 In order to modernize Indian Copyright Law, the Bill
BANGALORE
Suite 920, Level 9,
has to go beyond only copying the provisions of the
Raheja Towers,
26-27, M G Road, WCT and WPPT and should incorporate the
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
provisions necessary to ensure that authors have the
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
access to encryption and other technological means to
Coimbatore - 641018.
Tel: +91 - 422 – 6552921 protect their works published on the internet from
hacking and can enforce those rights in the courts.
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
12. CHENNAI
3rd Floor, ‘Creative Enclave’,
148-150, Luz Church Road,
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
THANK YOU
26-27, M G Road,
Bangalore - 560 001.
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
# 48, Race Course Road,
Coimbatore - 641018.
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
