Copyright Infringement Update: New Copyright Alert System

By Eric Misterovich

The Center for Copyright Information has stated that it intends to roll out a new copyright notice system, titled the Copyright Alert System, within the coming days. This new system is intended to automatically identify copyright infringing downloaders and issue copyright takedown notices to the alleged infringers’ Internet service providers. The Copyright Alert System will send up to six alerts to the alleged infringers ISPs, which will serve the following purposes:

  1. First Alert – The alleged infringer is provide with a link to educational materials;
  2. Second Alert – The alleged infringer will receive a second educational message;
  3. Third Alert – The alleged infringer will receive a third educational message with a request to confirm that the message was received;
  4. Fourth Alert – The alleged infringer will receive a fourth educational message with an additional request to confirm receipt;
  5. Fifth Alert – The ISP will be directed to take “mitigation measures,” which may include Internet speed throttling, redirection to a landing page requesting receipt, or other measures;
  6. Sixth Alert – The ISP will take additional “mitigation measures,” which may include termination of Internet services.

If the alleged infringer does not believe that he or she has been involved in copyright infringement, he or she may request a review of the notice of infringement. Such a review requires the alleged infringer to pay $35 to the Center, which will be returned if the Center finds that the notice was issued in error. This review process will be administered by the American Arbitration Association.

The Center for Copyright Information has partnered with several Internet service providers for this project, including AT&T, Verizon, Comcast, Time Warner, and Cablevision.

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