Testimony and Follow-Up Responses, United States Senate Committee on the Judiciary, Subcommittee on Intellectual Property Hearing on the Digital Millennium Copyright Act at 22: How Other Countries Are Handling Online Piracy

Abstract

This testimony was given to the United States Senate Committee on the Judiciary, Subcommittee on Intellectual Property as part of its Hearing on the Digital Millennium Copyright Act at 22: How Other Countries Are Handling Online Piracy. In it I first briefly describe the goals and trade-offs inherent in any intermediary liability law; then describe the DMCA’s place in the global landscape of intermediary liability laws; then discuss concerns about filtering proposals and the recently enacted Article 17 of the EU’s Digital Single Market (DSM) Directive. The document also includes follow-up responses to additional questions from Senators Tillis, Coons, and Blumenthal submitted on April 14, 2020.

Keywords: Copyright, Intermediary Liability, Platforms, DMCA

JEL Classification: K00