The State of the Discordant Union: An Empirical Analysis of DMCA Takedown Notices

Abstract

By conducting a census on half-a-million takedown notices and more than 50 million takedown requests in its datasets, this paper takes a detailed and systematic look at the state of the takedown process from an empirical perspective. It examines the use and issuance of takedown notices by copyright owners and reporters and the response of service providers to them. It further studies the relationship between the notices and requests and safe harbor provisions of the Digital Millennium Copyright Act, and identifies ways in which the takedown process can be further improved to preserve the diversity and freedom of the Internet.

Keywords: DMCA, copyright, safe harbor, takedown notice, takedown request, empirical analysis, census, section 512