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Copyright Office Requests Further Comment on DMCA Safe Harbor Provisions
Practical Law Legal Update w-004-4500 (Approx. 3 pages)
Copyright Office Requests Further Comment on DMCA Safe Harbor Provisions
by Practical Law Intellectual Property & Technology
| Published on 08 Nov 2016 • USA (National/Federal) |
The US Copyright Office has requested additional public comments for a study assessing Section 512 of the Copyright Act, which codified the provisions of the Digital Millennium Copyright Act (DMCA) providing "safe harbor" shielding complying internet service providers (ISPs) from liability for copyright infringement by third parties on the ISPs’ systems or networks.
On November 8, 2016, the US Copyright Office issued a notice requesting further public comments for a public study assessing Section 512 of the Copyright Act, which codified Digital Millennium Copyright Act (DMCA) provisions that provide a "safe harbor" shielding complying internet service providers (ISPs) from liability for copyright infringement by third parties users of their systems or networks (17 U.S.C. § 512) (81 FR 78636 (Nov. 8, 2016)).
Specifically, the Copyright Office is seeking comments on:
- The characteristics of the current internet ecosystem, including, among other things, how the great diversity among content creators and ISPs should affect proposed DMCA safe harbor improvements.
- The operation of the current DMCA safe harbor system, including, among other things:
- how policy makers should evaluate the widely divergent views on the overall effectiveness of the DMCA safe harbor system;
- the most significant practical barriers to use of the notice-and-takedown and counter-notice provisions;
- whether changes to the safe harbor timelines are needed;
- disincentives to filing notices and counter-notices;
- whether penalties should be increased; and
- what notice or finding is necessary to trigger a repeat infringer policy for ISPs acting as conduits.
- Potential evolution of the DMCA safe harbor system, including, among other things:
- what types of public education efforts could improve the safe harbor's functioning;
- how the government can encourage additional voluntary measures;
- whether standard technical measures should be adopted under Section 512(i);
- how a proposed notice-and-stay-down system should operate; and
- other specific legislative provisions or amendments to improve the safe harbor system.
- Other developments, including, among other things:
- the impact of recent judicial decisions on Section 512; and
- the approaches of foreign jurisdictions to address ISP liability and internet copyright infringement.
The Copyright Office must receive:
- Written comments to the above issues by February 6, 2017.
- Empirical research studies concerning the safe harbor study by March 8, 2017.
For more information about the Copyright Office's safe harbor study, see Legal Update, Copyright Office Requests Comment on DMCA Safe Harbor Provisions.
Update: On January 27, 2017, the Copyright Office extended the due dates:
- For written comments to February 21, 2017.
- For empirical research studies to March 22, 2017.