Such STMs are to be developed with industry stakeholders in an open process for designating STMs, must be available on fair and nondiscriminatory terms do not impose substantial costs or burdens on OSPs or their networks.Īlthough Section 512(i) was drafted with the intent that the open process for designating STMs would incentivize the development of new STMs, there have been no STMs designated for the Section 512(i) requirement since the DMCA was signed into law. Under the statute as currently written, OSPs must adopt policies for terminating subscribers or account holders who are repeat infringers and must not interfere with standard technical measures (STMs), which are technical measures that identify and protect copyrighted works online. § 512, especially Section 512(i) governing eligibility conditions that online service providers (OSPs) must meet to qualify for Section 512’s safe harbors. The SMART Copyright Act is mainly aimed at reforming safe harbor provisions limiting liability for copyright infringement under 17 U.S.C. No STMs Designated for Copyright Protection Since DMCA Passed 20+ Years Ago ![]() The bill is designed to address shortcomings with some of the statutory provisions of the Digital Millennium Copyright Act (DMCA) which have failed to incentivize the development of new technical measures for preventing copyright infringement online the way that Congress originally envisioned when passing the DMCA in 1998. We did not comply with any of these requests.“By enabling STMs to be developed for a specific content industry, the lawmakers believe this will decrease the complexity of approving STMs via a multi-industry process.”Įarlier this month, Senators Thom Tillis (R-NC) and Patrick Leahy (D-VT) introduced the Strengthening Measures to Advance Rights Technologies (SMART) Copyright Act into the U.S. requested the removal of search results that link to an employee's blog posts about unjust and unfair treatment. requested the removal of search results that link to blog posts and web forums that associated their names with certain allegations, locations, dates or negative comments. requested the removal of search results that link to court proceedings referencing her first and last name on the ground that her name was copyrightable. A content protection organization for motion picture, record and sports programming companies requested the removal of search results that link to copyright removal requests submitted by one of their clients and other URLs that did not host infringing content.requested the removal of a competitor's homepage from Search, on the grounds that the competitor had copied an alphabetized list of cities and regions where instruction was offered. reporting organization working on behalf of a major movie studio requested removal of a movie review on a major newspaper website twice. motion picture studio requested removal of the IMDb page for a movie released by the studio, as well as the official trailer posted on a major authorized online media service. Here are a few examples of requests that have been submitted through our copyright removals process that were clearly invalid copyright removal requests. And a more recent study went into more depth about takedown processes generally. An independent third-party published an analysis of the frequency of improper and abusive removal requests in 2006. ![]() Reporting organizations and copyright holders may also change their names.įrom time to time, we may receive inaccurate or unjustified copyright removal requests for search results that clearly do not link to infringing content. For example, we may receive notices from different parts of a reporting organization, copyright owners and reporting organizations may use multiple ways to spell their names, or reporting organizations may choose to reference member companies as copyright owners in some cases but not others. There are a number of reasons why this may be the case. The submitter must also affirm under penalty of perjury that it is authorized to represent the owner of the copyright that is allegedly infringed.Īt times we may display duplicate entries for copyright owners or reporting organizations. ![]() The DMCA process requires a statement that the reporting organization must have a good faith belief that the use of the content in the manner specified is not authorized by the copyright owner, its agent, or the law. For example, an individual who is submitting the request may report that they are based in one country/region when they really reside in another. People may submit information that is inaccurate or fill out the web form incorrectly, and we're not always able to verify the accuracy of the request. This data represents the information that people provide when they submit copyright removal requests through our web form.
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