One of the reasons for the ramping up of rhetoric around safe harbour in 2016 has been the US Copyright Office’s review of the DMCA legislation governing how that safe harbour is applied. The Office has already held roundtables and taken written submissions from interested parties, but now it has some more questions it wants answered. Its call for submissions notes that many of the new questions “relate to questions of balance, i.e., how to weigh the diverse interests and needs of affected stakeholders”. The 16 questions will elicit plenty of views from music rightsholders and technology firms alike. “Is there a neutral way to measure how effective the DMCA safe harbour regime has been in achieving Congress’ twin goals of supporting the growth of the Internet while addressing the problem of online piracy?” asks one of them. “Several study participants have proposed some version of a notice-and-stay-down system. Is such a system advisable? Please describe in specific detail how such a system should operate, and include potential legislative language, if appropriate. If it is not advisable, what particular problems would such a system impose?” asks another. The Office is looking for replies by 6 February 2017.

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