Research Proposals

The [REDACTED] of this research project are a clarification of the issues surrounding the DMCA, as well as a greater understanding of what parts of the law should be amended. The diverse, complex areas of copyright covered by the DMCA will make it difficult to assess whether it met stated goals, however, I expect to find valid arguments for amending some sections of the DMCA. Finally, I do not expect to find convincing arguments to completely overturn the legislation.

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The [REDACTED] of this research project is to evaluate the effectiveness of the DMCA in dealing with copyright issues related to new technologies. The primary goal of the research is to evaluate the DMCA’s impact on the fair use doctrine and stifling innovation and competition. One objective of the research is to examine claims by civil liberties groups about the DMCA’s ability to control the entertainment industry access to personal information of users suspected of illegally sharing copyrighted songs online. Another objective is to investigate how well DMCA provisions are protecting copyright owners against the circumvention of access and copy controls used in easily copied media.

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The [REDACTED] of this research paper is Public Law 105–304, to amend Title 17, United States Code, to implement the World Intellectual Property Organization Copyright Treaty and Performances and Phonograms Treaty, also known as the Digital Millennium Copyright Act of 1998 (DMCA). The research will focus on the historical context, the legislative process, objectives of the bill, and the policy tools in the bill. It will also focus on the impact of the DMCA since its implementation and its ability to address developing technology issues.

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The research will test the [REDACTED] that the DMCA is a necessary, effective, yet flawed addition to U.S. copyright law because of its limited authority to address new issues arising from technological change. The DMCA is a necessary component to copyright law because it addresses the problems created through past technological change. Yet, the policy is flawed because it can be overly broad in its coverage and infringe on protected rights when it is applied to differential uses of technology.

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The [REDACTED] of this project is its usefulness for identifying the impact of unanticipated limitations in the DMCA for addressing developing digital copyright issues. It provides a critical analysis of whether or not the DMCA threatens privacy rights, fair use, and competition. Finally, it critically assesses whether proposed legislation is likely to rectify these problems. These may prevent further conflict over rights and responsibilities involving digital communications.

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My [REDACTED] of examination will consist mostly of qualitative analysis. First, I will study the legislation and legislative process leading up to the passing of the DMCA using government documents and scholarly research articles. Second, I will examine subsequent court cases and related policy articles to learn about controversies after it passed. I will also collect scholarly and mass publications for evidence regarding the policy’s impact on fair use and user privacy. I expect to use a small amount of quantitative data gathered from government documents related to the measurable impact of the DMCA to assess the policy’s relative costs and benefits. Third, I will examine proposed bills meant to amend the DMCA for their merit in improving the act. Finally, I will assess the value of DMCA for meeting both stated policy goals and applicability to evolving digital technology issues.

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The broad scope of the DMCA has made it a target for criticism since its earliest days. The DMCA sections appear to be reasonable provisions for digital copyright protections and exemptions. But a study of recent news articles reveals interpretations of the DMCA that have led to 12-year-olds being sued for trading music online and librarians calling for “widespread civil disobedience” to fight for digital first sale and fair use doctrines. A bill currently before Congress, the Digital Media Consumers’ Rights Act of 2002, proposes to correct some fundamental defects in the DMCA and reestablish the doctrine of fair use, which, its proponents say, has been severely diluted by the application of the DMCA. Copyright protection must be applied to the digital realm, but invading the privacy of individuals and constraining digitized educational information are serious controversial issues that challenge the legitimacy of the DMCA.

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