Whose Burden Is It Anyway? Addressing the Needs of Content Owners in DMCA Safe Harbors

The struggle between intellectual property (IP) rights and innovation has reached a crucial moment in the US. On one hand, IP rights provide incentives for people to create artistic, literary, and technological works, which benefit society. On the other hand, ongoing innovation has brought everyone...

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Bibliographic Details
Published in:Federal communications law journal 2009-12, Vol.62 (1), p.153
Main Author: Jansen, Greg
Format: Article
Language:English
Subjects:
Copyright
Innovations
Intellectual property
Litigation
Online information services
Safe harbor
Technological change
Online Access:Get full text
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Summary:The struggle between intellectual property (IP) rights and innovation has reached a crucial moment in the US. On one hand, IP rights provide incentives for people to create artistic, literary, and technological works, which benefit society. On the other hand, ongoing innovation has brought everyone to a point where information has never been more accessible and ideas have never been easier to share. This note addresses the need to clarify the roles of copyright holders and innovative new services on the Internet, using Viacom vs YouTube as an illustration. Part II describes the litigious history of copyright owners' confrontations with innovative Online Service Providers (OSP), highlighting the urgent need for protections on both sides. It also introduces the safe-harbor provisions provided in Section 512 of the Digital Millennium Copyright Act. Part III proposes a solution for notification that will limit the monitoring burden on copyright owners while adequately protecting OSPs. Finally, Part IV discusses the need to impose a knowledge requirement throughout the safe harbor.
ISSN:0163-7606
2376-4457