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Digital Millennium Copyright Act

Many schools and libraries serve as Community Access Centers or On-line Service Providers (OSPs). Districts that serve as OSPs must be aware of the Digital Millennium Copyright Act (DMCA). The DMCA considers educational institutions that offer Internet service to students, staff, and faculty to be OSPs, much like America Online (AOL) and other major service providers.

The DMCA outlines compliance practices and actions that must occur when users of the system participate in activities that do infringe on the rights of copyright holders. The DMCA provides exemptions for OSPs if they act in accordance with the law, such as terminating service to repeat offenders and removing material from the system upon receiving notice of copyright infringement.

The DMCA also has implications for distance learning and what may be delivered via the Web as a component of instruction. The original legislation severely limits the use of copyrighted video and media files in most distance learning settings. New forms of media that are developed or made available for widespread distribution will have impact on interpretations of and amendments to the DMCA. The legislation is sure to be debated and altered for several years and educators should check with district legal personnel to conform to the latest guidelines for using digital material.