Trade bodies have responded to the release of the US Copyright Office’s report on Section 512 of the Digital Millennium Copyright Act (DMCA).
The Copyright Office has concluded that the so-called safe harbour provisions of the Digital Millennium Copyright Act now favour tech firms over rights-holders. Its has suggested that Congress could fine-tune the legislation.
Safe harbour laws, which protect platforms from taking responsibility for copyright-infringing material uploaded to a service, were a key part of the debate during the formulation of the EU Copyright Directive.
The American Association of Independent Music (A2IM), the Music Artists Coalition (MAC), the National Music Publishers Association (NMPA), the Recording Industry Association of America (RIAA), the Songwriters of North America (SONA) and SoundExchange have issued a joint response to the Copyright Office.
“Platform accountability is achievable and mutually beneficial for fans, music creators and digital distribution partners alike,” said a statement. “As this report makes clear, the current system is broken – especially when it comes to so-called ‘user-upload platforms’. To succeed, platforms must be made accountable participants in the music ecosystem.
“But the good news is that many of these issues can be addressed by the big technology platforms who exploit music, including by applying already widely available technologies.”
The trade bodies proposed three measures the platforms could put in place: Ensure that material taken down once does not immediately return; prevent stream-ripping services; and allow copyright owners to monitor infringement of their own works on social media platforms.
Mitch Glazier, chairman and CEO, Recording Industry Association of America (RIAA), said: “Technology companies have shown they can solve some of the world’s most difficult technical problems – legal, financial, or otherwise. Improved anti-piracy work is in everyone’s best interest and the RIAA and our members stand ready to work with the platforms to get it done.
“We expect that Congress will closely review both the Copyright Office report and the steps taken by the platforms to fix the issues it has identified. The RIAA stands ready to support that process.”
Richard Burgess, president and CEO, American Association of Independent Music (A2IM), said: “Recorded music industry revenues are still artificially suppressed, 20 years after the digital disruption. There is no lack of demand. Music listeners and listening are at an all-time high while revenues hover around 50% of what they were in the year 2000 (by adjusted dollars).
“Common sense fixes would narrow the gap, especially for independent artists and labels that lack the means to adequately protect their intellectual property when they are up against internet platform behemoths that are literally the richest companies on earth. A2IM is eager to engage in the important steps that should follow the release of this report.”
Irving Azoff, board member, Music Artists Coalition (MAC), said: “The Copyright Office’s report validates what every working musician knows: the music copyright system is broken and must be fixed. The interpretation of the DMCA by big tech strips music creators of the rights granted to them by the Constitution. Technology companies fight vigorously to protect their intellectual property but trample on copyright. The time has come for big tech to pay attention, read this report, and work with us to fix the system, rather than hiding behind an antiquated law that harms our working musicians, songwriters, producers and recording artists.”
David Israelite, president and CEO, National Music Publishers Association (NMPA), said: “The changes necessary to prevent large-scale, systematic piracy are simple and achievable. This report outlines where the system is failing, and we hope that it underscores the need for tech companies to do more about the theft they know they are enabling. Music has value, and as long as it is willfully not protected, songwriters, artists and musicians will suffer. This study supports the fact that social media platforms and search engines can and should do better.”
Michelle Lewis, executive director, Songwriters of North America (SONA), said: “The DMCA takedown system is the opposite of the way copyright is supposed to work, which is to get permission first. It is particularly unfair to songwriters and other individual creators, who lack the resources to track infringements in the ocean of the Internet. Even when a takedown notice is sent, the material can pop right back up again on the very same platform. If we have to live with the DMCA system, it needs to be takedown, staydown. If there are better tools available to filter out repostings, all creators should have the opportunity to use those tools, not just bigger players. Songwriters should be spending their time writing songs, not sending takedown notices.”
Michael Huppe, president and CEO, SoundExchange: “It comes as no surprise to music creators that the 22-year old DMCA provisions meant to protect their work online have not aged well. The realities of today’s digital economy bear little resemblance to the technology anticipated when the DMCA became law.”
“As this study shows, today’s creators are forced to spend immense (and sometimes impossible) efforts trying to protect their rights. This is fixable, but it requires the cooperation of Big Tech companies that allow their platforms to trample the rights of creators while hiding behind the DMCA. The system can work better, and we all deserve a higher standard.”