ACA Says Aggressive Takedown Notice Practices Undermining DMCA Section 512
Ambiguous legal standards and some copyright owners' aggressive practices are “undermining” the effectiveness of the safe harbor provision contained in the Digital Millennium Copyright Act's Section 512, particularly as it applies to small and medium-sized ISPs, the American Cable Association…
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told the Copyright Office in comments released Tuesday. The CO received a mixed bag of more than 91,000 comments on its ongoing Section 512 study, which is assessing the effectiveness of the safe harbors and the existing notice-and-takedown process (see 1604010057 and 1604040051). ISPs are struggling to determine how to interpret the requirement that entities covered by the conduit safe harbor adopt and implement a policy to terminate Internet access of customers who are “repeat infringers,” ACA commented. Members are receiving an increasing number of takedown notices each day because of automated infringement detection technology, and dealing with the increasing number of notices has become burdensome, ACA said. To improve the conduit safe harbor, ACA recommended requiring copyright owners follow a standard takedown notice format and also suggested adopting guidelines that will distinguish between innocent and willful infringement.