A Reverse Notice and Takedown Regime to Enable Public Interest Uses of Technically Protected Copyrighted Works

The WIPO Copyright Treaty (WCT), concluded in 1996, recognizes the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information in updating international copyright norms to respond to challenges arising from advan...

Full description

Saved in:
Bibliographic Details
Published in:Berkeley technology law journal 2007-07, Vol.22 (3), p.981-1060
Main Authors: Reichman, Jerome H., Dinwoodie, Graeme B., Samuelson, Pamela
Format: Article
Language:English
Subjects:
Computer software
Copyright infringement
Copyright laws
Copyright ownership
Copyrights
Digital Millennium Copyright Act 1998-US
EU directives
Fair use
Intellectual property law
International standards
Internet service providers
Legal liability
Safe harbor
Technology
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:The WIPO Copyright Treaty (WCT), concluded in 1996, recognizes the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information in updating international copyright norms to respond to challenges arising from advances in information and communications technologies, including global digital networks. The Article will demonstrate that a reverse notice and takedown mechanism is best understood as a principle capable of numerous implementations. Part II of this Article discusses the legislative history of the Digital Millennium Copyright Act MCA and the checks and balances embodied in its ISP safe harbor and anti-circumvention rules. Part III argues that a reverse notice and takedown regime would provide a needed balance in the US anti-circumvention rules and shows that there is sufficient flexibility in the existing US legal framework for courts to fashion such a regime.
ISSN:1086-3818
2380-4742