Senate Explores Changing DMCA

“A Senate committee is investigating updating the Digital Millennium Copyright Act (DMCA). The goal is to modernize the DMCA to make it easier to protect copyrighted content while also defending fair use rights. The Internet Archive responded to a call for feedback by encouraging the committee to keep things as they are….

What Thom Tillis wants to do is streamline the takedown process and make it into a staydown system, where a copyright holder only needs to notify an Online Service Provider (OSP) once about infringing material….

The Internet Archive argued that a staydown approach would be unworkable for five reasons:

1. By making content removal automatic in a staydown approach, it removes the human element from judging whether something is indeed fair use or a copyright infringement. They argue that manual inspection cannot be scaled, meaning that the burden should remain on the copyright holder to identify violations….”