Re:Create Recap May 29, 2020

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 a negative impact on the online creative ecosystem.” Lamel also pointed out that the study disregarded “the internet’s successful and transformative power to grow the American economy, level the playing field, boost access to information and advance global culture,” and warned that the report only suggests changes that rightsholders asked for.

CTA: Content Industry Has Thrived Under DMCA. In a blog reacting to the Copyright Office study, CTA highlighted how much the content industry is benefitting from the DMCA and even growing users during the COVID crisis. Specifically, the blog highlights that global movie box office revenue actually broke a new record of 4.5 billion dollars last year, and the music industry saw its fourth consecutive year of double-digit growth with 2019 revenues up thirteen percent, which was driven by internet streaming.

Copyright Office Study Allows Entertainment Industry To Claim Victory. While expressing relief that the Copyright Office study didn’t address notice-and-staydown mandates, Berkeley Center for Law & Technology Co-Director Pamela Samuelson wrote: “On virtually every issue about which the copyright industry had complained for the last two decades regarding the notice and takedown regime…the Office took that industry’s side.” She also stated that her biggest disappointment is the study’s “cavalier and largely dismissive attitude toward fair use. The Study discounted evidence of wrongful takedown notices offered by OSPs and civil society groups.”

Engine: Lawmakers Must Engage Startups To Hear Why Safe Harbors Allow Them To Grow And Thrive. In its response to the Copyright Office report, Engine urges lawmakers to engage the startup community and expressed concerns that the report only focused on the concerns of specific rightsholders at the expense of other interests. “Online platforms of all sizes are already working to remove infringing user-generated content from their platforms, and making the changes that the report suggests—without additional feedback—would undermine the interests of Internet users, platforms, and creators.”

Platforms Enabled By DMCA Are Lifeline During COVID Crisis

Annual Memorial Day Celebrations Go Virtual This Year. Despite cancellations of live events due to COVID precautions, Americans across the country were still able to honor fallen service members through virtual ceremonies. In Washington, the National Memorial Day Concert was live streamed on Facebook, YouTube and the concert’s website – along with airing on PBS. Each of the war memorials in Washington also posted prerecorded ceremonies to their Facebook pages.

App Could Allow Sports Fans To Participate Virtually. The Guardian reported on a new app that could allow Premier League sports fans to send virtual “cheers or jeers” to create an atmosphere similar to live matches. According to the report, the app could offer supporters the options of cheering, clapping, singing, or whistling at different sound levels to generate noise in empty stadiums.

Online Platforms Are Vital Lifeline During COVID Pandemic. A new CTA study, “COVID-19 Impact Study: Use of Technology at Home,” examines the use of technology at home during the COVID pandemic and found that 48% of consumers are streaming online video more often, and 26% are using video streaming services for the first time.