It’s not just Europe getting a review of whether safe-harbour legislation is fit for purpose in 2016.

The US Copyright Office has launched its own consultation “to evaluate the impact and effectiveness of the DMCA safe harbor provisions”.

The study will consider “the costs and burdens of the notice-and-takedown process on large- and small-scale copyright owners, online service providers, and the general public. The Office will also review how successfully section 512 addresses online infringement and protects against improper takedown notices.”

Written comments are being solicited by 21 March, with public meetings to follow to discuss the issues. The Copyright Office makes clear the need for a new look at safe harbour in its announcement, noting that the DMCA was enacted in 1998.

“At that time, less than 5% of the world’s population used the internet, and bulletin board services were the popular online platforms.” We expect musicians, rightsholders and digital music services to take a prominent role in the new discussion.

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Music Ally's Head of Insight

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