CO Seeks Further Comment on Section 512 Safe Harbors Study

The Copyright Office sought further comment Tuesday on its study of Digital Millennium Copyright Act Section 512 notice-and-takedown process and the section’s safe harbors. The review in part examines the effectiveness of the current notice-and-takedown process, the counter-notification process and the legal standards that apply under the section (see 1512300039). The CO received more than 91,000 responses to its initial request for comment, though the vast majority were generated as part of a Fight for the Future campaign (see 1604010057 and 1604040051). Stakeholders said following two May roundtables on the study that they expected the CO to favor nonlegislative fixes to Section 512 -- particularly voluntary measures -- in a final report (see 1605040064 and 1605130047). The initial round of comments and the May roundtables have shown “a number of themes merit additional consideration,” the CO said in a notice in the Federal Register. “Many of these relate to questions of balance,” it said, including “how to weigh the diverse interests and needs of affected stakeholders.” The office also said it's interested in feedback on “how to continue to propel” the DMCA's twin public interest goals of “fostering a robust and innovative online environment while protecting the rights of content creators.” The CO sought comment on how Section 512 should be updated to account for diversity in the internet ecosystem and how policymakers should factor diverging views of the efficacy of 512's safe harbors. The office also sought comment on how to update the safe harbors system to address issues with its current efficacy and how to clarify Section 512 to address changes in copyright case law. Comments are due Feb. 6. Studies "providing quantitative or qualitative data relevant to" Section 512 are due by March 8.