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Entertainment, Arts, and Sports Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2003

Seattle University Law Review

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Full-Text Articles in Entertainment, Arts, and Sports Law

Neighborhood Watch: The Negation Of Rights Caused By The Notice Requirement In Copyright Enforcement Under The Digital Millennium Copyright Act, Colin Folawn Jan 2003

Neighborhood Watch: The Negation Of Rights Caused By The Notice Requirement In Copyright Enforcement Under The Digital Millennium Copyright Act, Colin Folawn

Seattle University Law Review

Part II of this Comment explains why the DMCA was created, beginning with a brief discussion of modern copyright justifications. Part III lays out the mechanics of the notice requirement and the safe harbor protection for ISPs. Part IV focuses on inconsistencies among the courts and the enforcement dilemma posed by the DMCA. Part V proposes a different standard for the initial notice, encouraging ISPs to work cooperatively with independent copyright holders. This part includes a preview of services and software that exist and that are being developed to ease the burden of finding and managing digital content. Finally, Part ...