The United States Copyright Office is seeking feedback on how the “notice and takedown” system created by the Digital Millennium Copyright Act, also known as the “DMCA Safe Harbors,” is working. Congress decided that in this country, users of the Internet should be allowed to share their ideas with the world via Internet platforms. In order to facilitate this broad goal, Congress established a system that protects platforms from liability for the copyright infringement of their users, as long as the platforms remove material when a copyright holder complains. The DMCA also allows users to challenge improper takedowns.
We filed comments this week, explaining that the DMCA is generally working as Congress intended it to. These provisions allow platforms like the Internet Archive to provide services such as hosting and making available user-generated content without the risk of getting embroiled in lawsuit after lawsuit. We also offered some thoughts on ways the DMCA could work better for nonprofits and libraries, for example, by deterring copyright holders from using the notice and takedown process to silence legitimate commentary or criticism.
The DMCA Safe Harbors, while imperfect, have been essential to the growth of the Internet as an engine for innovation and free expression. We are happy to provide our perspective on this important issue to the Copyright Office.