Tag Archives: house judiciary committee

Some Thoughts on DMCA Safe Harbor

Some Thoughts on DMCA Safe Harbor

House Judiciary CommitteeYesterday, the House Judiciary Committee Subcommittee on Intellectual Property held a hearing on Section 512 of the Digital Millennium Copyright Act (DMCA).

Section 512 of the DMCA is known as the “safe harbor” provisions. These are the provisions that protect hosts, such as Tumblr, Flickr and YouTube, as well as search engines, such as Google and Bing, from liability for copyright infringement due to content uploaded by third parties.

In short, these provisions set up a protocol, known as the “notice and takedown” system where a copyright holder notifies the host or search engine of a copyright infringement and, should the host/search engine “expeditiously” remove the work involved, they are freed from liability.

The notice and takedown provisions have been lauded as the law that enabled much of the Web to take shape while also providing copyright holders an easy, fast way to protect their work. However, they’ve also been decried as a way for individuals to censor content they don’t like or for web services to enable piracy while shirking responsibility and liability.

It’s clear that Section 512 has generated some very mixed opinions and most have a love/hate relationship with it. Hosts love the legal certainty but hate the burden of completing takedowns, copyright holders love the easy removals but are upset about the sheer number they have to file.

To figure out what the answer is, I decided to first look at my experience with the DMCA and the experiences of my friends.Continue Reading

3 Count: Going En Banc

3 Count: Going En Banc

Garcia’s Innocence of Muslims copyright registration is denied, House Judiciary Committee has a hearing on DMCA notices and hip hop show draws a lawsuit.Continue Reading

3 Count: Algernon’s Flowers

3 Count: Algernon’s Flowers

Copyright holders speak before the House Judiciary Committee, UK porn filters may also filter file sharing sites and copyright glitch cancels high school play.Continue Reading

3 Count: Principled Hearing

3 Count: Principled Hearing

U.S. House of Representative has hearings on copyright reform, Kim Dotcom wins right to appeal to NZ Supeme Court and BREIN suffers a defeat in the Netherlands.Continue Reading

Copyright 2.0 Show – Episode 281 – Risk Campions

Copyright 2.0 Show – Episode 281 – Risk Campions

House Judiciary Committee to review U.S. copyright law, Craigslist wins early round against PadMapper and Pirate Party wins big in Iceland.Continue Reading

3 Count: Rethink, Reimagine

3 Count: Rethink, Reimagine

Maria Pallante talks about revising copyright law, Spider-Man musical may be headed to court and Sega upsets YouTubers.Continue Reading

3 Count: 50 Shades of Infringement

3 Count: 50 Shades of Infringement

Fifty Shades of Gray owners sue over porn parody, fifth member of the IMAGiNE group sentenced and a new pro-copyright rep to head the House Judiciary.Continue Reading