@SenThomTillis Releases Discussion Draft of DMCA Revisions

Music Technology Policy

MTP readers will recall that Senator Thom Tillis has hosted many hearing on how to fix the DMCA’s broken notice and takedown process. Digital Copyright Act of 2021 dmca notice and shakedown Notice and Takedown Senator Thom Tillis

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Bird is the Word: @Jack the Racketeer Skips Out on @SenThomTillis’s DMCA Hearing

Music Technology Policy

The latest manifestation of his weirdness is flipping the bird to Senator Thom Tillis’s well-meaning investigation into making the DMCA work. dmca News from the Data Lords News from the Goolag DMCA safe harbor Jack Dorsey Senator Mazie Hirono Senator Thom Tillis

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Have you filed your DMCA Agent designation?

Gordon P. Firemark

TRANSCRIPT: Are your websites and online businesses properly protected against lawsuits by the DMCA Safe Harbor? You’ve probably heard about the DMCA before. Well, that same law, the DMCA, also provides protection against lawsuits. The DMCA (found at Section 512 of the Copyright law, Title 17 of the U.S. The post Have you filed your DMCA Agent designation?

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T-Bone Burnett’s Comments on Reform of the DMCA Safe Harbor

Music Technology Policy

Copyright Office has invited the public to comment on potential reforms of the DMCA “safe harbors” and the incomparable T-Bone Burnett delivered this video version of his insightful comments on DMCA abuse. (See See also Billboard article on T-Bone’s comment and my 2006 post on MTP, The DMCA is Not An Alibi.). dmca In a Goolag State of Mind DMCA Abuse DMCA safe harbor T Bone BurnettThe U.S.

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The Detestable “DMCA License”

Music Technology Policy

We’ve referred a couple of times to the “DMCA license” a detestable phrase that I heard around the SXSW tech panels used as though it actually meant something. Corey Field went to the trouble of actually explaining why there is no such thing as a DMCA license without the serving of bile that accompanied my own. See “ The DMCA License

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“Out of Balance”: @beggarsgroup Martin Mills’ Rallying Cry on DMCA Abuse at Canadian Music Week

Music Technology Policy

Today’s post is actually the second part of Martin’s speech concerning the DMCA safe harbors, a topic that was the subject of a recent IP Subcommittee hearing in the House of Representatives. This part will address the problems that Martin has with interpretations of the DMCA and notice and takedown-type statutes in various countries. Out of Balance: DMCA Abuse. Imbalance in the Safe Harbors: YouTube and Grooveshark Rely on Distorting the DMCA. [An]

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Fixing the Legacy DMCA by Contract

Music Technology Policy

Fixing the problems in a contract is much more doable, will produce a quicker result and could be a guidepost for any legislative reform to bring the DMCA into the 21st Century. Time for them to stop hiding behind the DMCA. Google is at the bottom of every DMCA horror story, Google spends millions in legal fees and lobbying to try to preserve their extreme position, and buys off academics and pundits to create an atmosphere for jury nullification.

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U.S. Copyright Office Rolls Out New Electronic DMCA Agent Designation System

New Media and Technology Law

A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required to designate an agent to receive takedown notices. The service provider is required to post the DMCA agent’s contact information on its website and to provide such information to the Copyright Office. 201.38) establishing a new electronic system to designate agents to receive takedown notifications under the DMCA.

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Rulemaking Under the DMCA

Media Law Prof Blog

Arielle Rani Singh has published Agency Regulation in Copyright Law: Rulemaking Under the DMCA and Its Broader Implications in volume 26 of the Berkeley Technology Law Journal. Here is the abstract. On July 27, 2010, the Library of Congress and

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BMG Rights Leads the Way on Enforcing DMCA Predicates

Music Technology Policy

” Contrary to what it seems a lot of people believe, the DMCA is not a “catch me if you can” alibi. This argument has been around since 1999 at least for one reason–it would essentially turn the DMCA safe harbor into a “catch me if you can” alibi that not only was totally unworkable but was also defeated the purpose of the predicate in the first place. Or, as we say around MTP, the DMCA is not an alibi

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The DMCA and the Remix

Media Law Prof Blog

Teri Karobonik, New Media Rights, and Arthur H. Neill, New Media Rights & California Western School of Law, have published Remixing Copyright Law: How Copyright Reform Can Empower Remix Creators and Internet Users. Here is the abstract. When it comes

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Court awards $214 Million for DMCA Circumvention

Cyberlaw Central

The bare minimum the judge could award for violation of the DMCA’s trafficking provision, §1201(a)(2) , was $200 per infringement, and the plaintiffs were able to prove that there were 1,074,093 infringements. Court awards $214 Million for DMCA Circumvention is a post from: Cyberlaw Central. ©2011 Cases Copyright DMCAThe recent decision by the United States District Court for the Southern District of California in the Echostar Satellite LLC v.

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Copyright Erosion: How DMCA Misuse Became A Multimillion Dollar Shakedown

Music Technology Policy

The argument is that due to an extraordinarily distorted interpretation of the “safe harbors” created with the best of intentions by the Congress in 1998 (the so-called “DMCA notice and takedown”), the value of copyright not only is eroded, but an–illegal–multi-billion dollar business has evolved. The DMCA has, in effect, fostered one of the greatest income transfers of all time (as described in Jaron Lanier’s new book, Who Owns the Future?

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Pre-72 Sound Recordings not subject to DMCA

Current Trends

Under New York state law a decision issued last week holds pre-1972 sound recordings are not subject to the DMCA safe harbor provisions and Grooveshark is liable for state law copyright infringement of UMG owned pre-1972 sound recordings. Grooveshark continues to hide under the protecting of the DMCA (Digital Millennium Copyright Act) Safe Harbor provision claiming it didn’t know that content uploaded by third parties was infringing and had been uploaded without permission.

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YouTube’s DMCA Abuse and Indie Labels: How Google is Blowing it for the Honest People

Music Technology Policy

In a speech at Canadian Music Week, Beggars Group Chairman Martin Mills was not only right, he was prescient: Google, the parent of YouTube, [is] one of the companies that have made billions on the back of [the DMCA notice and takedown,] a statutory provision intended to protect ordinary people acting innocently. Google has now refined the DMCA to a tool to leverage its anticompetitive activities. This shows up their DMCA abuse for what it really is: notice and shakedown.

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Gray on Copyright Infringement and the First Amendment: User-Generated Content and DMCA Interpretation @StanfordLaw

Media Law Prof Blog

Megan Gray, Stanford Center for Internet & Society; Gray Matters, has published Copyright Infringement and the First Amendment: User-Generated Content and DMCA Interpretation -- Youtube. I Tube. We All Tube. Here is the abstract. Under the Digital Millinium Copyright Act

Google Creates DMCA Time Machine

The Legal Satyricon

Fischer Until now, Google has managed to keep its development of a working flux capacitor under wraps, quietly rolling out the ability to send DMCA notices from as early as January 1, 1900. by Jason A. In other news, archeologists today announced the discovery of new cave drawings that include a text ad for Viagra. [.]. copyright lulz

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Who Exactly Is a ‘User’ under the DMCA Safe Harbor?

New Media and Technology Law

The DMCA was enacted in 1998 to preserve “strong incentives for service providers and copyright owners to cooperate to detect and deal with copyright infringements that take place in a digital networked environment.” As part of this implicit bargain, Title II of the DMCA offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. Copyright Online Content copyright DMCA safe harbor DMCA user storage provider

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The DMCA, Campaign Debate Footage, and Political Advertising

Media Law Prof Blog

Susan Park, Boise State University, has published Unauthorized Televised Debate Footage in Political Campaign Advertising: Fair Use and the DMCA in volume 29 of the Southern Law Journal (2013). Here is the abstract. In recent years television networks which air

The $500,000,000 Cost of Google’s Five Million DMCA Notices

Music Technology Policy

If I told you that the DMCA notice system at Google alone was taking $500,000,000 a year out of the already beaten down global creative community, would you say that is such a staggering sum it can’t be right? One of Google’s legion of lobbyists recently testified at the House Judiciary Committee that Google alone has “processed” nearly five million DMCA notices so far this year. Are Five Million DMCA Notices Too Many?

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@mattpinfield: KFOG Interviews David Lowery on Artist Letter Against DMCA Shakedown — Artist Rights Watch

Music Technology Policy

Lowery: “The DMCA is an AOL law in a Snapchat world.” KFOG’s Matt Pinfield interviews David Lowery on air about the 180 artists joining the grassroots to oppose the DMCA. via @mattpinfield: KFOG Interviews David Lowery on Artist Letter Against DMCA Shakedown — Artist Rights Watch

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The Discomfort of Thievery, The Fallacy of the “DMCA License”

Music Technology Policy

So it should not be surprising to hear the phrase “DMCA license” uttered frequently around the conference as though that meant something. The key element of the “DMCA license” is having a pathological lack of empathy for the artists. And it is that element that varies from person to person who avails themselves of the “DMCA license.” The digital native can reply, “Nay, I am no thief, I am a DMCA licensee!”

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Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

New Media and Technology Law

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. 25, 2016), the appeals court affirmed the lower court’s holding that the infringing photographs were not uploaded at the direction of the defendant and Examiner.com was protected under the DMCA safe harbor. Copyright Online Content copyright DMCA safe harbor 512(c) DMCA user storage provider

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Tenth Circuit Affirms Lower Court Ruling on Meaning of “User” in DMCA §512(c) Safe Harbor

New Media and Technology Law

Title II of the Digital Millennium Copyright Act (DMCA) offers safe harbors for qualifying service providers to limit their liability for claims of copyright infringement. 25, 2016), the appeals court affirmed the lower court’s holding that the infringing photographs were not uploaded at the direction of the defendant and Examiner.com was protected under the DMCA safe harbor. Copyright Online Content copyright DMCA safe harbor 512(c) DMCA user storage provider

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Supreme Court Asked if DMCA Safe Harbors Apply to Pre-1972 Sound Recordings

THR, Esq. Entertainment & Media Law Blog

Capitol Records is taking its dispute with Vimeo to the high court. read more. THR, Esq. Music Music THR Online

White House Protection: DMCA Notice and Shakedown is Not YouTube’s Only Leverage — Artist Rights Watch

Music Technology Policy

It’s also no secret that Google’s “notice and shakedown” interpretation of the government’s DMCA safe harbors hands Google (which owns YouTube) a lot of leverage to the great disadvantage of artists, songwriters, record companies and music publishers. via White House Protection: DMCA Notice and Shakedown is Not YouTube’s Only Leverage — Artist Rights WatchBy Chris Castle It’s no secret that the major labels are all renegotiating their licenses with YouTube.

Why didn’t Chilling Effects register a DMCA agent?

Music Technology Policy

One of the intimidation tactics regularly used by Google in responding to DMCA notices is to forward the notice to something called the Chilling Effects Clearing House. (See A copy of each DMCA takedown and counter-notice may be transmitted to Chilling Effects, and posted to a public-facing website (with your personal information removed).” ” What these people do is repost your DMCA notice for a nice Two Minutes Hate from the Google Amen Chorus. (A

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How many DMCA notices are too many?

Music Technology Policy

This isn’t speculation anymore–YouTube must have received at least a million DMCA notices by now. District Judge Jeremy Fogel (who essentially codified what we understand to be the DMCA practice of Stanford benefactor Google in his ruling in the Lenz case)? For as Google, the EFFluviati and what Andrew Orlowski calls the “ freetards ” tell us, that was the deal that copyright owners made in the DMCA—catch us if you can.

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What Is the Intention of Justice? Notice and Stay Down Is the Government’s Responsibility

Music Technology Policy

Unless substantially reversed, the DMCA will continue to accelerate the wealth transfer from creators to oligarchs. . The DMCA Alibi. The DMCA created the “notice and takedown” alibi regime for piracy and near-piracy. These notices have come to be called “DMCA notices” and the Congressional plan has unambiguously failed. Google alone has received nearly five billion DMCA notices just in the current reporting period. ARTHUR.

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The DMCA Still is Not An Alibi: How is Google Search Like the Ford Pinto?

Music Technology Policy

Music Technology Policy. YouTube and Google are both fit for purpose, it’s just that the purpose is unfit. The Pinto Gap. Google frequently defends what I would call the “Pinto Gap”–Google’s business practice named after the notorious Ford Pinto model with the exploding gas tank. Why the “Pinto Gap”?

The $500,000,000 Cost of Google’s Five Million DMCA Notices

Music Technology Policy

If I told you that the DMCA notice system at Google alone was taking $500,000,000 a year out of the already beaten down global creative community, would you say that is such a staggering sum it can’t be right? One of Google’s legion of lobbyists recently testified at the House Judiciary Committee that Google alone has “processed” nearly five million DMCA notices so far this year.

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Google Defeats Viacom’s Copyright Case with DMCA Safe Harbor

JetLawBlog

YouTube maintained that it complied with DMCA takedown notices, and was therefore not responsible under the one of the safe harbors in the Act. Under the DMCA, a copyright holder can notify YouTube of an infringing post. The district court found that YouTube had complied with all DMCA takedown notices, and in one instance took as many as 10,000 videos down in one day. Viacom reads the DMCA to require service providers to review content before it goes live.

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U.S. Dept. of Commerce Releases Multistakeholder Guidance on DMCA Notice and Takedown Best Practices

New Media and Technology Law

of Commerce’s Internet Policy Task Force released a guidance containing a list of best practices (and notable “bad” practices), all designed to improve the DMCA’s notice and takedown system for both senders and recipients of notices [See “ DMCA Notice-and-Takedown Processes: List of Good, Bad, and Situational Practices ”]. For example, some “Good Practices” for service providers include: Making DMCA takedown and counter-notice mechanisms easy to find and understand.

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Copyright Erosion: How DMCA Misuse Became A Multimillion Dollar Shakedown and Income Transfer

Music Technology Policy

The argument is that due to an extraordinarily distorted interpretation of the “safe harbors” created with the best of intentions by the Congress in 1998 (the so-called “DMCA notice and takedown”), the…. Originally posted on MUSIC • TECHNOLOGY • POLICY : I participated on a panel at the 2013 USC Institute on Entertainment Law and Business on October 5 in Los Angeles.

The DMCA Still is Not An Alibi: How is Google Search Like the Ford Pinto?

Music Technology Policy

Google could, of course, block the hash for each file that is the subject of a DMCA notice. In fact, there’s nothing in the Copyright Act that prevents a copyright owner from including the hash of a particular file in the DMCA notice to Google. Assume Google received a DMCA notice for this torrent (and hash) of 1989 and blocked results based on the hash–there would be 700 fewer search results directing people to steal from Taylor Swift. The Pinto Gap.

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The $500,000,000 Cost of Google’s Five Million DMCA Notices

Music Technology Policy

If I told you that the DMCA notice system at Google alone was taking $500,000,000 a year out of the already beaten down global creative community, would you say that is such a staggering sum it can’t be right? One of Google’s legion of lobbyists recently testified at the House Judiciary Committee that Google alone has “processed” nearly five million DMCA notices so far this year. Are Five Million DMCA Notices Too Many?

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Update: Should there be a rating system for “red flag” knowledge: Are Five Million DMCA notices too many?

Music Technology Policy

[Update by Chris Castle: In written testimony before the House Judiciary Committee on November 16, Google's lobbyist acknowledged that " During 2010, we processed DMCA takedown notices for approximately three million items across all of our products. We were also treated to many recitations about how much money the tech companies make off of the Internet and the DMCA. This isn’t speculation anymore–YouTube must have received at least a million DMCA notices by now.

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10 years of the DMCA

Cyberlaw Central

The Electronic Frontier Foundation covers “Unintended Consequences: 10 years under the DMCA&# here. Tags: DMCA It’s been 10 years today since President Clinton signed the Digital Millennium Copyright Act into law. Wired has put together a nice retrospective, available here. They call it a misunderstood law that created the Internet commerce as we know it today. Public Knowledge’s take on the act is here.

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The $500,000,000 Cost to Artists of Google’s Five Million DMCA Notices

Music Technology Policy

If I told you that the DMCA notice system at Google alone was taking $500,000,000 a year out of the already beaten down global creative community, would you say that is such a staggering sum it can’t be right? One of Google’s legion of lobbyists recently testified at the House Judiciary Committee that Google alone has “processed” nearly five million DMCA notices so far this year. Are Five Million DMCA Notices Too Many?

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The $500,000,000 Cost of Google’s Five Million DMCA Notices

Music Technology Policy

If I told you that the DMCA notice system at Google alone was taking $500,000,000 a year out of the already beaten down global creative community, would you say that is such a staggering sum it can’t be right? One of Google’s legion of lobbyists recently testified at the House Judiciary Committee that Google alone has “processed” nearly five million DMCA notices so far this year. Are Five Million DMCA Notices Too Many?

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Daniel Kreps: Jack White, Pearl Jam, U2, Trent Reznor Sign DMCA Petition — Artist Rights Watch

Music Technology Policy

via Daniel Kreps: Jack White, Pearl Jam, U2, Trent Reznor Sign DMCA Petition — Artist Rights WatchDon’t worry, the Department of Justice will protect Google from these cranky artists, democracy is safe. It’s actually a big deal that U2 signed the petition given their connections to Google through the Silicon Valley venture capital networks.

The DMCA Still is Not An Alibi: How is Google Search Like the Ford Pinto?

Music Technology Policy

” This is known as the “DMCA license” which of course is neither permitted by the DMCA nor a license. But it may as well be based on the decisions made by tech companies and especially Google about how to manipulate the DMCA (and the Communications Decency Act for that matter). Google could, of course, block the hash for each file that is the subject of a DMCA notice. The Pinto Gap.

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The DMCA is not an Alibi: The Googlization of Art and Artists

Music Technology Policy

The DMCA has in it something called “notice and takedown”. ( The way that Google wants to interpret the DMCA skips the first step—the keep your house in order step. They want to interpret the DMCA as requiring copyright owners to notify them for each instance of infringing material on YouTube—but make no mistake, this is about Google more than it is about YouTube. Google’s interpretation of the DMCA is full employment for lawyers.

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