Copyright Office Should Call For Further DMCA Rebalancing

By Doug Mirell and Josh Geller (June 5, 2020, 1:52 PM EDT) -- On May 21, while much of the country was focused on fallout from the COVID-19 pandemic, the U.S. Copyright Office finally issued a report on the current state of Section 512 of the Digital Millennium Copyright Act.[1]

Five years in the making, the Copyright Office's long-awaited report evaluates how Section 512's so-called safe harbor provisions have operated and concludes that "the original intended balance" between copyright holders and the platforms that host their content "has been tilted askew."

First enacted in 1998, DMCA Section 512 attempted to strike a balance between the interests of copyright holders in protecting their works and...

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