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

26 Pages Posted: 23 Feb 2017

See all articles by Annemarie Bridy

Annemarie Bridy

University of Idaho; Stanford Law School Center for Internet and Society

Daphne Keller

Stanford Law School Center for Internet and Society

Date Written: February 21, 2017

Abstract

These comments were prepared and submitted in response to the U.S. Copyright Office's November 8, 2016 Notice of Inquiry requesting additional public comment on the impact and effectiveness of the DMCA safe harbor provisions in Section 512 of Title 17. Our comments are responsive to half of the topics raised in the second NOI, including (1) the advisability of making content filtering or "notice and staydown" a condition for safe harbor eligibility; (2) the importance of considering the impact of potential modifications to the safe harbors on individuals and the general public; (3) the availability of objective, reliable methods for assessing the effectiveness of the safe harbors; (4) the advisability of treating Internet access providers differently from other covered providers with respect to the DMCA's requirement of account termination for "repeat infringers;" (5) the government's role in encouraging the adoption by online intermediaries of voluntary measures that supplement those required by the DMCA; and (6) the impact of recent judicial decisions on the soundness and effectiveness of the safe harbor framework.

Keywords: copyright, DMCA, notice and takedown, safe harbors, content regulation, filtering, online intermediaries

Suggested Citation

Bridy, Annemarie and Keller, Daphne, U.S. Copyright Office Section 512 Study: Comments in Response to Second Notice of Inquiry (February 21, 2017). Available at SSRN: https://ssrn.com/abstract=2920871 or http://dx.doi.org/10.2139/ssrn.2920871

Annemarie Bridy (Contact Author)

University of Idaho ( email )

PO Box 83720
Boise, ID 83720-0051
United States

HOME PAGE: http://www.uidaho.edu/law/people/faculty/abridy

Stanford Law School Center for Internet and Society ( email )

Palo Alto, CA
United States

HOME PAGE: http://cyberlaw.stanford.edu/about/people/annemarie-bridy

Daphne Keller

Stanford Law School Center for Internet and Society ( email )

559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
6507231417 (Phone)

HOME PAGE: http://cyberlaw.stanford.edu/about/people/daphne-keller

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