01/29/2009 07:44:25 AM EST
Copyright in the Millennial Age
The ABA Journal has posted an excellent update on the battle over online copyright infringement and the safe harbor of the Digital Millennium Copyright Act. In particular, the post discusses the failure of the DMCA to meet the expansion in user-generated content websites. According to the article, several problems have arisen, most notably the difficulty copyright owners are experiencing in attempting to police UGC sites and the explosion of section 512 takedown notices without any consideration of fair use.
The article also addresses intermediary liability and the Prioritizing Resources and Organization for Intellectual Property Act of 2008, S.3325, which shifts some of the burden for copyright enforcement from copyright owners to the government.