T Os Burnett Takes Aim At Dcma Prophylactic Harbours

T Bone Burnett yesteryear Kulturvultur (2007)

Congress enacted the Digital Millennium Copyright Act (“DMCA”) most ii decades ago, aiming to render a  balance betwixt the needs of content creators, who were struggling to protect their intellectual holding inward the digital age, too fledgling Internet companies, who feared beingness held liable for the misdeeds of  their customers - giving the technnology companies the gain goodness of 'safe arbour' protection provided service providers “reasonably implement” a policy that provides for the resultant of “repeat infringers” inward “appropriate circumstances.”
But is that residual right? 

Singer, songwriter too producer T Bone Burnett has delivered a telling contribution to the U.S. Copyright Office's review of Digital Millennium Act 'safe harbour' provisions inward the USA, proverb inward a video that whilst the police delineate that was supposed to "balance the internet's openness amongst creators' mightiness to earn a living wage from their locomote  ..... [T]hose condom harbours receive got failed".

"The problems are familiar", he adds. "[And] they are good described inward the tape of these proceedings, from the broken Sisyphus climb of 'notice too takedown' to the gunpoint negotiations too pittance reward forced upon creators yesteryear the Google monopoly. The Big Tech ITOPIANS tin runway us across dozens of networks, devices too profiles to bombard us amongst micro-targeted ads, but they can't fifty-fifty position unauthorised copies of our locomote too hold them off their ain servers too systems. Or they won't".

"The work hither isn't technology", T Bone adds, proverb "Creators welcome the digital revolution too its mightiness to connect, amplify, too inspire. H5N1 modern recording studio looks to a greater extent than similar a cockpit than a honky tonk, too that's but fine. The work is concern models - designed to scrape away value rather than fuel novel creation, focused on taking rather than making. To restore technology's house every bit the rightful partner of tomorrow's creators, nosotros ask change".

"The condom harbours must endure restored - too thus alone responsible actors earn their protection, non those who actively turn a profit from the abuse too exploitation of creators' work. Technology must endure enlisted to brand the organisation locomote better, non to roadblock progress inward a pointless arms race of whack a mole too digital deception. Creators must endure given meaningful tools to earn a living from their art". 

"The imitation prophets of the cyberspace may receive got imagined an egalitarian opened upward root creative wonderland - but what nosotros got was a digital playground for a handful of mega corporations too spider web moguls living fatty off the artistic, cultural too economical value everyone else creates online".

"It's fourth dimension for Congress to closed the loopholes inward department 512 of the DMCA. Our civilization is at stake. And it's fourth dimension for musicians to bring together amongst us, the Content Creators Coalition, to brand that happen. Your career depends on it. On behalf of music creators, give thank yous you to the Copyright Office for this proceeding too for considering these views".

On the same matter, the recent conclusion of the Second Circuit Court of Appeals  in the MP3tunes case is of interest: the Second Circuit noted that copyright infringement is a strict liability offence amongst no requirement to examine unlawful intent. Moreover, both uploading too downloading tin constitute infringement. Because the DMCA does non define “repeat infringer,” the courtroom adopted this ordinary pregnant too held that “all it [takes] to endure a ‘repeat infringer’ [is] to repeatedly [upload or download] copyrighted cloth for personal use.”

The Second Circuit also flora that MP3tunes’ repeat infringer policy was non reasonable every bit a affair of police delineate because, whilst the site did reply to takedown notices from copyright owners too terminated the accounts of approximately users, “MP3tunes did non fifty-fifty elbow grease to connect known infringing action of which it became aware through takedown notices to users who repeatedly sideloaded files too created links to that infringing content inward the sideload.com index.”

http://www.billboard.com/articles/business/7694396/t-bone-burnett-scathing-message-copyright-office-urging-reform

http://www.mondaq.com/unitedstates/x/569116/Copyright/Second+Circuit+Clarifies+Repeat+Infringer+Policy+Requirement+for+DMCA+Copyright+Safe+Harbors

Image:  Kulturvultur