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Papers by Mia Garlick
Santa Clara Computer High Technology Law Journal, May 1, 2004
The anti-circumvention measures first took shape 3 as international standards for copyright prote... more The anti-circumvention measures first took shape 3 as international standards for copyright protection in the digital age in the WIPO Copyright Treaty 1996 and the WIPO Performances and Phonograms Treaty 1996 (collectively, "WIPO Internet Treaties"). 4 These WIPO Internet Treaties were concluded in 1996 and took effect on March 6, 2002 and May 20, 2002, respectively, three months after thirty countries had ratified or assented to each of the treaties. The U.S. was one of the first ten countries to ratify the WIPO Internet Treaties 6 and adopted a "maximalist" interpretation of its WIPO obligations 7 in the form of § 1201 of the Digital Millennium Copyright Act of 1998 ("DMCA"). 8 The DMCA's anti-circumvention measures have been much debated. The debate has focused primarily on the implications of § 1201 on the formulation of U.S. copyright laws. The purpose of this paper is to explore the international ramifications of § 1201, in particular for developing countries. In the international arena, the competing interests of copyright owners and copyright users are similar to those in the domestic U.S. market but the variables are different, particularly for developing countries where the market is information can form an important part of a technological control and tracking system for copyrighted materials, it is less restrictive of the ability of users to access and use protected material. Consequently, this paper will not consider the rights management information provisions in detail. 3. Similar measures were also proposed by the Clinton Administration in its "White Paper" on "Intellectual Property and the National Information Infrastructure" published in
Abstract: This practical legal guide deals with the legal implications of podcasting and vlogging... more Abstract: This practical legal guide deals with the legal implications of podcasting and vlogging (video-blogging). Building on a blogging resource guide recently published by EFF, this paper focuses on the issues specifically faced by individuals and entities ...
Santa Clara Computer High Technology Law Journal, May 1, 2004
The anti-circumvention measures first took shape 3 as international standards for copyright prote... more The anti-circumvention measures first took shape 3 as international standards for copyright protection in the digital age in the WIPO Copyright Treaty 1996 and the WIPO Performances and Phonograms Treaty 1996 (collectively, "WIPO Internet Treaties"). 4 These WIPO Internet Treaties were concluded in 1996 and took effect on March 6, 2002 and May 20, 2002, respectively, three months after thirty countries had ratified or assented to each of the treaties. The U.S. was one of the first ten countries to ratify the WIPO Internet Treaties 6 and adopted a "maximalist" interpretation of its WIPO obligations 7 in the form of § 1201 of the Digital Millennium Copyright Act of 1998 ("DMCA"). 8 The DMCA's anti-circumvention measures have been much debated. The debate has focused primarily on the implications of § 1201 on the formulation of U.S. copyright laws. The purpose of this paper is to explore the international ramifications of § 1201, in particular for developing countries. In the international arena, the competing interests of copyright owners and copyright users are similar to those in the domestic U.S. market but the variables are different, particularly for developing countries where the market is information can form an important part of a technological control and tracking system for copyrighted materials, it is less restrictive of the ability of users to access and use protected material. Consequently, this paper will not consider the rights management information provisions in detail. 3. Similar measures were also proposed by the Clinton Administration in its "White Paper" on "Intellectual Property and the National Information Infrastructure" published in
Abstract: This practical legal guide deals with the legal implications of podcasting and vlogging... more Abstract: This practical legal guide deals with the legal implications of podcasting and vlogging (video-blogging). Building on a blogging resource guide recently published by EFF, this paper focuses on the issues specifically faced by individuals and entities ...