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DMCA Notice and Takedown Provisions Scrutinized

By Eric Misterovich

George Mason University’s Center for the Protection of Intellectual Property has released a new policy brief arguing that the Digital Millennium Copyright Act has failed in its intended purpose and should be reformed. The DMCA policy brief argues that, with 78 million annual files targeted by the DMCA, the DMCA has failed in its intended purpose because it still fails to preclude those files from some of the most trafficked websites on the Internet. More than 6.5 million files are targeted with DMCA notices per month.


The policy brief contends:


Section 512 was originally designed as an emergency stopgap measure, to be used in isolated instances to remove infringing files from the Internet just long enough to allow a copyright owner to get into court. That design reflected the concerns of its time.


If you are interested in the DMCA notice and takedown provisions, the policy brief, which is located here, is worth a read. If you need advice on DMCA issues, contact the DMCA attorneys at Revision Legal at 855-473-8474.

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