Rebalancing DMCA: Good Bumper Sticker, Bad Public Policy

Law360 (June 10, 2020, 4:50 PM EDT) -- In recent weeks, a report from the U.S. Copyright Office and congressional testimony from musicians, composers, writers and photographers have asserted that Digital Millennium Copyright Act provisions designed to insulate online companies from infringing acts of online users have "tilted askew."[1]

The explosion of the internet, they contend, has disturbed the balance Congress struck when granting a safe harbor to platform providers to the prejudice of content owners. 

Criticisms of the DMCA safe harbors ignore that Section 512 was itself part of a greater balance — offsetting new enforcement mechanisms provided to content owners online, and safeguarding the rights of both...

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