Every day copyright holders send millions of DMCA takedown notices to various Internet services.
Most of these requests are legitimate, aimed at disabling access to copyright-infringing material. However, there are also many overbroad and abusive takedown notices which lead to unwarranted censorship.
These abuses are a thorn in the side of major tech companies such as Google, Facebook and Microsoft. These companies face serious legal consequences if they fail to take content down, but copyright holders who don’t play by the rules often walk free.
The report proposes several changes to copyright legislation that should bring it in line with the current state of the digital landscape. One of the suggestions is to introduce statutory damages for people who abuse the takedown process.
“One shortcoming of the DMCA is that the injunctive-like remedy of a takedown, combined with a lack of due process, encourages abuse by individuals and entities interested in suppressing content,” CCIA writes.
“Although most rightsholders make good faith use of the DMCA, there are numerous well-documented cases of misuse of the DMCA’s extraordinary remedy. In many cases, bad actors have forced the removal of material that did not infringe copyright.”
The report lists several examples, including DMCA notices which are used to chill political speech by demanding the takedown of news clips, suppress consumer reviews, or…