DMCA Comment Period

The United States Copyright office is doing a public study to evaluate the safe harbor provisions in section 512 of title 17, United States Code.  Title 17 is the Digital Millennium Copyright Act that was passed in 1998.  Section 512 is the section that allows copyright owners and online entities to address infringement.  Service providers are required to have a means in which the copyright owner can make a DMCA claim and have the infringing material removed.  That protects the service provider from infringement liability.  This information is usually outlined in the Terms of Use sections with links to additional pages for actually filing a DMCA with that company.  For example the parent company of WordPress, Automattic.com, has this in their TOS:

6. Copyright Infringement and DMCA Policy.

As Automattic asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by WordPress.com violates your copyright, you are encouraged to notify Automattic in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy. Automattic will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Automattic will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Automattic or others. In the case of such termination, Automattic will have no obligation to provide a refund of any amounts previously paid to Automattic.

The link then takes you to their webpage set up to allow a person to file a claim.  It includes the legal notifications required by Section 512.  You can read the entire text of Section 512 here:  http://www.copyright.gov/title17/92chap5.html#512

Here is a short video that explains how the DMCA is actually being used to curb Fair Use among other things: (https://youtu.be/NoIL5qUI1p8)

You can read the entire notice about the study and text of the DMCA here:  https://www.federalregister.gov/articles/2015/12/31/2015-32973/section-512-study-notice-and-request-for-public-comment

Fight for the Future has a website set up to gather signatures with a filled in comment section:  https://www.takedownabuse.org/  You can edit the message that they have or just submit using what they wrote.

You can also find the submission guidelines here:  http://www.copyright.gov/policy/section512/comment-submission/  And submit your comments directly here:  https://www.regulations.gov/#!submitComment;D=COLC-2015-0013-0002  As noted on the page, “Section 512 Study: Extension of Comment Period“:

“To ensure that commenters have sufficient time to respond, the Office is extending the deadline for the submission of initial comments in response to the Notice to April 1, 2016, at 11:59 p.m. Eastern Time. Please note that in light of the expected time frame for this study, the Office is unlikely to grant further extensions for these comments.”

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