Research2Practice – Pamela Samuelson: ISP Liability Rules in the EU and the US – Article 17 of the DSM Directive and the Copyright Office 512 Report

Attn Exec Ed: Please note that this program is closed to the public. Resources can be accessed here (password: R2PBCLT) but should not be posted publically. Thank you!

Prof. Pamela Samuelson
November 19, 2020
Noon – 1:00 P.M. (PT)

In the EU and the U.S., the “safe harbor” rules that have long shielded internet service providers from copyright liability face major change. Responding to copyright industry complaints, the EU in 2019 adopted a new Copyright Directive, in which Article 17 places much stricter obligations on for-profit ISPs that host large amounts of user content. In the U.S., Congress held hearings in 2020 on the safe harbor rules of the Digital Millennium Copyright Act, and, in May 2020, the Copyright Office recommended significant changes to existing safe harbor rules. Prof. Samuelson argues that Congress should take a balanced approach in considering any changes to the DMCA safe harbor rules, taking into consideration the interests of a wide range of stakeholders, including U.S.-based internet platforms, smaller and medium-sized ISPs, startups, and the hundreds of millions of Internet users who create and enjoy user-generated content uploaded to these platforms, as well as the interests of major copyright industries and individual creators.