Roundtable on Digital Millennium Copyright Act

U.S. House Judiciary Committee
August 20, 2020

As co-chair of the New York Intellectual Property Law Association, Mitchell Stein participated in a bar association roundtable, hosted by the U.S. House Judiciary Committee, to discuss a report from the U.S. Copyright Office on proposed changes to the Digital Millennium Copyright Act of 1998 (DMCA). 

The DMCA is the law that creates "safe harbor" protections for online service providers against claims of copyright infringement by implementing "notice and takedown" procedures whereby content owners can notify the online service provider and have infringing content removed. 

This statute, which has been on the books for over 20 years without amendment, has generated a fair amount of controversy. Content creators, led by Hollywood and music industry interests, argue the statute is ineffective and that the service providers are not doing their fair share to combat infringement on the internet. The online service providers (Big Tech) argue that the law is fine as-is, and that the reforms sought by the content creators will put an undue and unfair burden on them to police content creator copyrights. The Copyright Office report argues that the DMCA is in need of significant reforms, many of which favor the content creators. 

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