Tag Archives: legislation

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: Controversial Takedown

3 Count: Controversial Takedown

9th Circuit orders Innocence of Muslims removal from YouTube, bill seeks to give artists royalties for resold work and Spotify settles in playlist dispute.Continue Reading

3 Count: Bulk Unlocking

3 Count: Bulk Unlocking

U.S. House passes bill making cell phone unlocking legal, new legislation seeks to change how songwriter royalties are determined and six strikes turns one.Continue Reading

3 Count: Music Inc.

3 Count: Music Inc.

EU moves to streamline music licensing throughout the bloc, Jack White’s label threatened over jazz release and new mobile game teaches about piracy.Continue Reading

3 Count: iBook iSue

3 Count: iBook iSue

Author sues ebook stores over alleged infringement, Russia claims anti-piracy rules had drastic impact and Spotify removes restrictions on Web streaming.Continue Reading

3 Count: Opposite Day Again

3 Count: Opposite Day Again

China and Russia look to further bolster their anti piracy efforts and The Simpsons are coming to cable due to a mammoth deal.Continue Reading

3 Count: Early Closure

3 Count: Early Closure

isoHunt shuts down a day early to avoid archiving, Singapore mulls blocking infringing sites and TotalBiscuit’s YouTube review is restored.Continue Reading

Copyright 2.0 Show – Episode 301 – Permanent Redirect

Copyright 2.0 Show – Episode 301 – Permanent Redirect

Fox falls short again on Hopper DVR dispute, Aereo may be scoring another win and Google Book Search case may be winding down.Continue Reading

3 Count: Knockout Punch

3 Count: Knockout Punch

Floyd Mayweather Jr. escapes a copyright lawsuit, Nigeria weighs new copyright law and Welsh musicians meet the BBC in court.Continue Reading

3 Count: Vimeo-no

3 Count: Vimeo-no

Vimeo can’t dodge many record labels’ copyright claims, Spain to pass tough new anti-piracy law and Internet Archive plagued by spammers.Continue Reading