Chilling effects of DMCA notice and takedown

The DMCA in the US has a provision that says one can send a notice to Online Service Providers advising that their site improperly contains one's copyighted material. If the OSP then removes the material, it will not be liable. Many, including myself, think this approach is flawed and open to abuse. Canada is proposing a notice and notice system where the OSP does not have to remove it - but does have to notify whomever posted it.

A recent study shows that, among other problems, roughly 1/3 of DMCA notices were for instances that might not be copyright violations. Certainly supports the idea that the process is flawed.

1/3 were also directed outside of the US. I have had clients who have received such notices. It's both amusing and annoying when that happens.

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Read Michael Geist's comments on the report

David Cantoncopyright