U.S. Copyright Office Section 512 Study: Comments in Response to Notice of Inquiry

Bridy, Annemarie; Keller, Daphne

doi:10.2139/ssrn.2757197

Cited by 21 publications

(11 citation statements)

References 13 publications

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“…Annemarie Bridy and Daphne Keller have also provided a lengthy analysis of whether the section 512 safe harbours regime of the DMCA is working as intended (Bridy and Keller 2016).…”

Section: United Statesmentioning

confidence: 99%

Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership

Rimmer

2017

Laws

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Abstract:The Trans-Pacific Partnership (TPP) is a trade agreement, which seeks to regulate copyright law, intermediary liability, and technological protection measures. The United States Government under President Barack Obama sought to export key features of the Digital Millennium Copyright Act 1998 (US) (DMCA). Drawing upon the work of Joseph Stiglitz, this paper expresses concerns that the TPP would entrench DMCA measures into the laws of a dozen Pacific Rim countries. This study examines four key jurisdictions-the United States, Canada, Australia, and New Zealand-participating in the TPP. This paper has three main parts. Part 2 focuses upon the takedown-and-notice scheme, safe harbours, and intermediary liability under the TPP. Elements of the safe harbours regime in the DMCA have been embedded into the international agreement. Part 3 examines technological protection measures-especially in light of a constitutional challenge to the DMCA. Part 4 looks briefly at electronic rights management. This paper concludes that the model of the DMCA is unsuitable for a template for copyright protection in the Pacific Rim in international trade agreements. It contends that our future copyright laws need to be responsive to new technological developments in the digital age-such as Big Data, cloud computing, search engines, and social media. There is also a need to resolve the complex interactions between intellectual property, electronic commerce, and investor-state dispute settlement in trade agreements.

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“…Annemarie Bridy and Daphne Keller have also provided a lengthy analysis of whether the section 512 safe harbours regime of the DMCA is working as intended (Bridy and Keller 2016).…”

Section: United Statesmentioning

confidence: 99%

Back to the Future: The Digital Millennium Copyright Act and the Trans-Pacific Partnership

Rimmer

2017

Laws

View full text Add to dashboard Cite

show abstract

“…For example, the DMCA burdens smaller intermediaries who cannot bear the costs of the processing system as easily as a larger intermediary such as Google. 302 Google, for example, spent 60 million dollars in developing its…”

Section: I) Section 230 Interpretationmentioning

confidence: 99%

“…Content ID system to deal with copyright claims on YouTube. 303 Conditions to the safe harbour include:…”

Section: I) Section 230 Interpretationmentioning

confidence: 99%

“…• The service provider has a policy in place that provides for the termination of services to repeat copyright infringers • A put back procedure wherein, upon receiving a counter notice by its subscriber, the service provider will cease disabling access within 10 days if the copyright holder does not sue within 14 days (s. 512(g)(2)-(3)). The purpose of this provision is to counteract the risk of over-compliance by intermediaries, or over-censorship of legitimate non-infringing content; 304 • Requiring a good faith clause in complaints and counter-complaints (s. 512(f)). The penalty risk is perjury or damages for misrepresentation.…”

Section: I) Section 230 Interpretationmentioning

confidence: 99%

“…Bridy and Keller argue that this, combined with the counter-notice provision, help minimize the risk of overtakedown with the regime. 305 • A simplified provision prohibiting an obligation to monitor. (s. 512(M)).…”

Section: I) Section 230 Interpretationmentioning

confidence: 99%

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