Title: Let the Babies Dance: Strengthening Fair Use and Stifling Abuse in DMCA Notice and Takedown Procedures
Abstract: The Digital Millennium Copyright Act provided Internet service providers with more certainty regarding liability for copyright infringement, and copyright owners with an increased ability to protect their rights on the Internet in the form of notice and takedown procedures. While both purposes of the DMCA seem to have been attained, hindsight reveals that the rights of end users on the Internet have not fared as well. This article documents instances of misuse and abuse of the notice and takedown procedures and discusses the economic disadvantage that end users often experience when deciding how to respond to takedown notices. It argues that the § 512(f) knowing misrepresentation cause of action, which acts as an important safeguard against takedown abuse, has been undermined by judicial interpretation, and suggests a return to its pre-Rossi interpretation. It is also suggested that an attorney general (fees and costs) provision for vindicators of fair use rights be amended to the DMCA to further define the contours of fair use on the Internet, protect disadvantaged end users, and eliminate takedown issuances for marginal economic uses. * Associate, Mueller Smith & Okuley, LLC. J.D. Ohio State University (2010). My most sincere thanks to my family, the I/S Journal staff, and especially Professor Edward Lee, whose classes were inspiring and whose assistance and encouragement is greatly appreciated. I/S: A JOURNAL OF LAW AND POLICY FOR THE INFORMATION SOCIETY 136 I/S: A JOURNAL OF LAW AND POLICY [Vol. 6:3 I/S: A JOURNAL OF LAW AND POLICY [Vol. 7:1
Publication Year: 2011
Publication Date: 2011-01-01
Language: en
Type: article
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