DMCA Takedowns Under the Microscope

-- By BrianS - 24 Mar 2010

Introduction: Section 512(c)

I have previously noted that the DMCA's anti-circumvention provisions changed the penumbras of copyright law significantly. So too has the DMCA's takedown provision, 17 U.S.C. section 512(c), modified the playing field for content owners, content creators, and content hosts. Under section 512(c), rightholders can issue notifications to ISPs requesting that they remove user-uploaded content on the ISP's site because it allegedly violates U.S. copyright law. See, e.g., Info on 512(c); SSRN paper. This essay examines the actual use of section 512(c)'s takedown provision in the field.

The Hall of "Fame"

Since section 512(c)'s enactment, thousands of takedown notices have been issued. [CITE]. Many of those notices have been issued in good faith and in compliance with the intended effect of section 512(c). Others, however, have not. [[][Example 1]]. [[][Example 2]]. And 3? . Study.

The Unblinking Eye

Conclusion

Sources to Integrate:

EFF's Takedown Hall of Shame

Ars Technica - ContentID Filter, the new takedown supernotice?

Viacom - We Goofed on that Takedown with Colbert...

What fair use? Three strikes and you're out... of YouTube

YouTube's January Fair Use Massacre

Google's submission on 92A

Report on DMCA take down notices