Freedom of Speech and the DMCA: Abuse of the Notification and Takedown Process

Last month, my first academic journal article was published by the leading international publication on IP law: the European Intellectual Property Review from Thomson Reuters.

From the abstract:

The Digital Millennium Copyright Act’s “notice and takedown” process is increasingly referred to as a model solution for content removal mechanisms worldwide. While it has emerged as a process capable of producing relatively consistent results, it also has significant problems—and is left open to different kinds of abuse. It is important to recognise these issues in order to ensure that they are not repeated in future legislation.

To that end, this article examines the DMCA with reference to its historical context, and the general issues surrounding the enforcement of copyright infringement claims. It then goes on to discuss the notice and takedown process in detail—along with its advantages, disadvantages, criticisms and praise. Specific examples of the kinds of abuse reported by online service providers are outlined, along with explanations of the statutory construction that allows these situations to continue. To finish, the viability of potential alternatives and proposed changes are discussed.

The article itself is available on WestLaw, citation: E.I.P.R. 2019, 41(2) at 70However, you can also get a copy of the PDF below.

Freedom of Speech and the DMCA: Abuse of the Notification and Takedown Process (PDF)

This material was first published by Thomson Reuters, trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London, E14 5AQ, in European Intellectual Property Review as ‘Freedom of speech and the DMCA: abuse of the notification and takedown process’.
E.I.P.R. 2019, 41(2) at 70 and is reproduced by agreement with the publishers. This download is provided free for non-commercial use only. Further reproduction or distribution is prohibited.