DFC Press release on the passage of the DMCA

For Immediate Release

October 16, 1998

Contact:

• Peter Jaszi, 202-274-4216
• Adam Eisgrau, 202-628-8410
• Pru Adler, 202-296-2296

Passage of the Digital Millennium Copyright Act

Congress acknowledges the need to protect information should not preclude public access.

Congress continued its exploration of the Digital New World this Columbus Day when it passed the Digital Millennium Copyright Act of 1998 (DMCA). Intended to update American copyright law in preparation for the ratification of the World Intellectual Property Organization Treaties (WIPO), the DMCA will go to the President's desk for signature. Through the efforts of organizations such as the Digital Future Coalition and the interventions of the House Commerce Committee and such concerned legislators as Senator John Ashcroft of Missouri and Representatives Rick Boucher of Virginia, Scott Klug of Wisconsin and Tom Campbell of California, the implementing legislation upheld the spirit of the WIPO treaties by protecting the interests of information producers while recognizing that fair use must exist in the digital information environment.

In the final version of the DMCA, Congress recognized the importance of ensuring balance in the treaty implementing legislation. The DMCA safeguards such crucial activities as computer security testing, reverse engineering to achieve interoperability, the protection of personal privacy, parental supervision of minors on the Internet and the preservation of materials by libraries and archives. It also assures the availability of the next generation of consumer electronics and computer products. In addition, it provides a mechanism to assure the continued vitality of the fair use privilege enjoyed by teachers, students, library patrons and all other information users. These provisions represent a dramatic departure from earlier drafts of the legislation.

"While the DMCA encourages the use of technological measures to combat copyright piracy, its ongoing rulemaking process to insure appropriate protection for fair use will be a strong disincentive to overreaching by content owners," according to Peter Jaszi of the Digital Future Coalition. "This legislation is a substantial victory for both the creators and consumers of intellectual property because it provides meaningful protection while recognizing the traditional balance between owners' rights and the privileges of legitimate users."

The Digital Future Coalition is 42 non-profit and for-profit entities that are committed to fighting for balanced intellectual property law (copyright) in the digital era.