In a world under a notice and staydown policy, as opposed to the current notice and takedown law under section 512 of the Digital Millennium Copyright Act (DMCA), online platforms would be forced to censor user generated content like photos, blogs or TikTok videos to avoid liability, which could force their business to shut down. Below is a list of…

Tuesday’s hearing in the Senate Judiciary Subcommittee on Intellectual Property on Section 512 of the Digital Millennium Copyright Act (“DMCA”) provided a clear indication that Chairman Tillis and the content industry seek to replace the notice-and-takedown framework with “notice-and-staydown”, as explained below. This is one of four main takeaways from the Section 512 hearing. Other takeaways involve the debate surrounding…

In the midst of pandemic and protest, the Senate Judiciary Committee continued on with the third of many planned hearings about copyright. It is an odd moment to be considering whether or not the notice-and-takedown system laid out by Section 512 of the Digital Millennium Copyright Act is working or not, but since Section 512 is a cornerstone of the Internet and because protestors…

Re: Subcommittee Hearing: Isthe DMCA’s Notice-and-Takedown System Working in the 21st Century? Dear Chairman Tillis and Ranking Member Coons: On behalf of the Computer & Communications Industry Association (CCIA) , I write to submit the 1 following observations for the Subcommittee’s consideration of the subject of Section 512, and request that this statement be included in the record of the…

Section 512 of the Digital Millennium Copyright Act (DMCA) is a legal cornerstone for the internet’s successful and transformative power to grow the American economy, level the playing field, boost access to information and advance global culture. At a time when our entire lives have shifted to online platforms due to the COVID-19 pandemic, the DMCA is perhaps more important…

Last week, President Trump signed the Executive Order on Preventing Online Censorship, which was a direct attack on the liability protections offered by Section 230 of the Communication Decency Act. These protections launched the commercial internet and secured the United States as the world’s leader in the digital economy. While many are questioning the economic impact of revoking the liability protections…

Outside of the beltway, people all over the United States are taking to the streets to demand fundamental change. In the halls of Congress and the White House, however, many people seem to think the biggest thing that needs to be restructured is the Internet. Last week, the president issued an order taking on one legal foundation for online expression: Section 230. This…

Re:Create: Copyright Office Study Ignores Consumers. In a statement responding to the U.S. Copyright Office 512 study released last week, Re:Create Coalition executive Director Josuha Lamel stated: “While we are happy the report did not call for notice and staydown or siteblocking, the changes being suggested are not the ‘fine-tuning’ the Copyright Office suggests, but rather changes that will have…

Section 512 of the Digital Millennium Copyright Act (DMCA) is a legal cornerstone for the internet’s successful and transformative power to grow the American economy, level the playing field, boost access to information and advance global culture. At a time when our entire lives have shifted to online platforms due to the COVID-19 pandemic, the DMCA is perhaps more important…

Today, the Copyright Office released its report on Section 512 of Title 17 U.S. Code, a part of the Digital Millennium Copyright Act, which provides for “Notice and Takedown” of infringing works. Essentially, Section 512 provides a “safe harbor” to internet platforms that promptly remove infringing material upon proper notice from the copyright owner. While the report does not recommend…