The American Association of Publishers (AAP) recently filed comments for the Copyright Office’s Study of Section 512 of the Copyright Act, the section of the law that Congress enacted in 1998 to facilitate cooperation between Internet service providers and copyright owners in combatting online infringement of copyrighted works. The American Association of Publishers shared this information in their release titled, “AAP Addresses Online Infringement in Filing to the Copyright Office.”

Those working in creative industries will find this especially interesting. The burden of addressing online copyright infringement is disproportionately on the shoulders of creators and copyright owners. To make matters worse, the ballooning number of notices that copyright owners are sending and that service providers are processing reveals the Digital Millennium Copyright Act (DMCA) is not functioning effectively to limit online infringements.

The online world is much more active, diverse and complicated today than Congress could have anticipated at the origin of DMCA. The same assumptions do not apply.

Melody K. Smith

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