We're taking part in Copyright Week, a series of actions and discussions supporting key principles that should guide copyright policy. Every day this week, various groups are taking on differen...
Read Full Article »What Proponents of Digital Replica Laws Can Learn from the Digital Millennium Copyright Act
Discussion Points
- The Risks of Over-Censorship: The NO FAKES Act's safe harbor scheme and penalties could lead to over-censorship, where platforms err on the side of caution and remove legitimate content, stifling online expression and creativity.r
- The Importance of Safe Harbors: The DMCA notice and takedown process has been instrumental in protecting creators' rights while also allowing for the development of new venues for speech and the sharing of copyrighted content.r
- Balancing Innovation with Intellectual Property Protection: Any changes to copyright law must carefully balance the need to protect intellectual property with the need to promote creativity, innovation, and free expression online.
Summary
The NO FAKES Act's safe harbor scheme and penalties pose significant risks to over-censorship and stifle online expression. The bill's broad provisions and dramatic penalties could lead platforms to err on the side of caution, removing legitimate content and chilling creativity.
In contrast, the DMCA notice and takedown process has offered important protections for creators while also allowing for the development of new speech venues. Any changes to copyright law must balance intellectual property protection with the need to promote innovation and free expression online.
Safeguards like counter-notice processes can help mitigate abuse and ensure that legitimate content is not removed prematurely.