It’s been exactly one year since US Copyright Office head Maria Pallante called for a comprehensive update to the Copyright Act. Since then the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet has conducted a series of hearings amounting to a review of our nation’s copyright laws.
That process continued last Thursday with an examination of Section 512 of the Digital Millennium Copyright Act (DMCA). This section contains “notice and takedown” provisions, under which internet service providers are sheilded from liability for infringement committed by users. Such “safe harbors” are only extended if an online service expeditiously complies with rightsholders’ requests to take down infringing content upon receiving notice. (You can watch the hearing online and read witnesses’ written testimony at the Judiciary Committee’s website).
The safe harbor protection provided by the DMCA is important to musicians and other creators because it enables the existence of many services that we use every day to communicate with fans, express ourselves creatively and sell our wares. Without the safe harbor, it would be difficult for services like Bandcamp, Soundcloud, Twitter, YouTube, and countless others to have gotten off the ground and remain in business, due to potential damages for the actions of their users.
However, assessments of how well the notice and takedown requirements are working in practice vary widely.
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