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technological self-help measures

Overview:

This section is still under development. Hopefully, we will publish updated in Summer 2007.

Just as technology present new means of distributing copyrighted works, technology provides copyright owners the opportunity to protect their works from infringement. For example, a copy of a movie, song or computer software may be manufactured so that it can be played or used normally but not copied. These technological self-help measures are controversial insofar as they may restrict fair use of the underlying material and inhibit artistic progress. In other cases, the defendant's circumvention of lawful self-help measures may justify additional damages or criminal sanction.


Notes on Techological Self-Help Measures:
    The Digital Millennium Copyright Act (DMCA) criminalizes production and dissemination of technology, devices, or services that are used to circumvent measures that control access to copyrighted works and criminalizes the act of circumventing an access control, even when there is no infringement of copyright itself.


Statutory Reference:

Illustrative Cases: