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domain in the
United States in the past because of a failure to comply with formalities that then
existed in U.S. law, or due to a lack of treaty relations. Section 102(c) of the DMCA
amends section 104A to restore copyright protection in the same circumstances to
works from WCT and WPPT member countries.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 3
Registration as a Prerequisite to Suit
The remaining technical amendment relates to the prohibition in both treaties
against conditioning the exercise or enjoyment of rights on the fulfillment of
formalities. Section 411(a) of the Copyright Act requires claims to copyright to be
registered with the Copyright Office before a lawsuit can be initiated by the copyright
owner, but exempts many foreign works in order to comply with existing treaty
obligations under the Berne Convention. Section 102(d) of the DMCA amends section
411(a) by broadening the exemption to cover all foreign works.
Technological Protection and Copyright Management Systems
Each of the WIPO treaties contains virtually identical language obligating
member states to prevent circumvention of technological measures used to protect
copyrighted works, and to prevent tampering with the integrity of copyright
management information. These obligations serve as technological adjuncts to the
exclusive rights granted by copyright law. They provide legal protection that the
international copyright community deemed critical to the safe and efficient exploitation
of works on digital networks.
Circumvention of Technological Protection Measures
General approach
Article 11 of the WCT states:
Contracting Parties shall provide adequate legal protection
and effective legal remedies against the circumvention
of effective technological measures that are used
by authors in connection with the exercise of their
rights under this Treaty or the Berne Convention and
that restrict acts, in respect of their works, which are
not authorized by the authors concerned or permitted
by law.
Article 18 of the WPPT contains nearly identical language.
Section 103 of the DMCA adds a new chapter 12 to Title 17 of the U.S. Code.
New section 1201 implements the obligation to provide adequate and effective
protection against circumvention of technological measures used by copyright owners
to protect their works.
Section 1201 divides technological measures into two categories: measures that
prevent unauthorized access to a copyrighted work and measures that prevent
The Digital Millennium Copyright Act of 1998
"Copying" is used in this context as a short-hand for the exercise of any of the exclusive-


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