Law Commons^™

A Reverse Notice And Takedown Regime To Enable Fair Uses Of Technically Protected Copyrighted Works (With J. Reichman & P. Samuelson), Graeme B. Dinwoodie

Graeme B. Dinwoodie

The WIPO Copyright Treaty (WCT) recognized the need to maintain a balance between the rights of authors and the larger public interest in updating copyright law in light of advances in information and communications technologies. But the translation of this balance into the domestic laws of the United States and European Union has not been fully successful. In the DMCA, Congress achieved a reasonable balance of competing interests in its creation of safe harbors for internet service providers. However, contrary to its apparent intention, Congress failed to achieve a similar balance of interests when establishing new rules forbidding circumvention of …