The DMCA was enacted over 20 years ago, so with the change in online posting over the years, should the DMCA notice and takedown process get an update?

As Internet companies work to protect themselves from liability for consumer’s infringing postings on their sites and find ways of facilitating a DMCA safe harbor, the Copyright Office determined a DMCA update could help with addressing the following concerns identified in the notice and takedown process:

• Rights holders’ concerns the forms, requirements, and notice process are time consuming and vary among platforms

• The “knowing misrepresentation” requirement and whether it deters abusive notices and counter notices, as well as what qualifies as “fair use”

• Some ISPs impose additional requirements not specifically listed in the DMCA

• The rights holders’ and the ISPs views on timeframes in the process and what constitutes “expeditiously”

Read about the Copyright Office Report findings on the DMCA notice and takedown provisions published in May 2020.