[A2k] Mark calendar: March 21 deadline for comments re US Section 512 (Safe Harbor provisions)

Manon Ress manon.ress at keionline.org
Tue Jan 5 13:42:48 PST 2016


U.S. Copyright Office
[Docket No. 2015–7]
Section 512 Study: Notice and Request for Public Comment
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Notice of inquiry.

SUMMARY: The United States Copyright Office is undertaking a public study
to evaluate the impact and effectiveness of the DMCA safe harbor provisions
contained in 17 U.S.C. 512. Among other issues, the Office 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. To aid
in this effort, and to provide thorough assistance to Congress, the Office
is seeking public input on a number of key questions.

DATES: Written comments must be received no later than 11:59 p.m. Eastern
Time on March 21, 2016. The Office will be announcing one or more public
meetings to discuss issues related to this study, to take place after
initial written comments are received, by separate notice in the future.


Section 512 provides safe harbors from infringement liability for online
service providers that are engaged in qualifying activities and that also
meet certain eligibility requirements. There are four distinct safe
harbors, detailed in sections 512(a), (b), (c), and (d), respectively.
These safe harbors are available when a service provider engages in one or
more of the following corresponding activities: (a) Serving as a conduit
for the automatic online transmission of material as directed by third
parties; (b) caching (i.e.,temporarily storing) material that is being
transmitted automatically over the internet from one third party to
another; (c) storing (i.e., hosting) material at the direction of a user on
a service provider’s system or network; or (d) referring or linking users
to online sites using information location tools (e.g., a search engine).

Manon Ress, Ph.D.
Knowledge Ecology International, KEI
manon.ress at keionline.org, tel.: +1 202 332 2670

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