Digital Millennium Copyright Act (DMCA)
What You Need To Know: Sen. Thom Tillis (N.C.) has introduced legislation that updates and modernizes the Digital Millennium Copyright Act - the key law that protects musicians creations from copyright circumvention online. Originally signed into law in 1998, the DMCA was intended to balance the interests of creators and website owners. Instead, it created harmful “safe havens,” allowing online platforms to pay far below market value for music. The DMCA is outdated and desperately needs revitalization to match current and future technologies.
The proposed changes would replace the “notice-and-takedown” system, which has been little more than whack-a-mole, and new websites and hosts reshare illegal uploads. In its place would be a “Notice-and-staydown” system: upon notification, platforms would be required to remove any near-or-exact copy of the same work uploaded to their system.
MAC’s Perspective: It has long been clear that changes like those proposed by Sen. Tillis are needed. MAC strongly supports the proposed changes, and further steps to close all loopholes in the leaky safe-harbor provisions of the DMCA.
“Safe Harbor Reform In The United States: The Time is Now,” Billboard, May 10, 2019