US music organisations file complaint over copyright act

15 music organisations in the US have banded together to push for reform to the Digital Millennium Copyright Act (DMCA), as reported by Billboard.

An eclectic group of labels, publishers, managers, creative organisations and unions submitted comments to the US Copyright Office regarding the safe harbours that they claim have long been detrimental to the online music market.

The DMCA was passed in the US in 1998 and limits the liability of companies such as YouTube, while undervaluing the online music market.

User-generated content sites are protected by the DMCA safe harbours and avoid liability for copyright infringement as long as they respond promptly to takedown requests.

However, the costs associated with monitoring and keeping tabs on content has been deemed unfair to rightholders. In fact, this burden is so great that many rightsholders choose to sign license deals at a value that is below standard market rate.

The other side of argument contends that the DMCA provides crucial protection for user-generated content sites, while YouTube asserts that many rightsholders choose to monetise infringing content found on its site rather than remove it entirely.

Congress originally created the DMCA to reassure internet service providers that they could invest in broadband infrastructure without worrying about potential copyright liability. The rise of YouTube and other user-generated websites was impossible to foresee in 1998, and simply does not do enough to prevent piracy in the current technological landscape.

Just last year, thousands of artists, including Katy Perry and Christina Aguilera, demanded changes to DMCA exploitation, signing a petition to the Copyright Office to change the legislation.

Cases including Viacom’s copyright infringement lawsuit against YouTube, which was decided in 2010, have historically ruled in favour of user-generated content sites, displaying an expansive reading of the inadequate nature of the DMCA.

Local industry body APRA AMCOS told TMN that the recent reactions to the safe harbours in the US reflect current efforts being made in Australia to support and protect rightsholders.

“APRA AMCOS is taking careful note of what is happening in the US including the recent lobbying to reform the Digital Millennium Copyright Act (DMCA),” said Richard Mallett, Head of Revenue, APRA AMCOS. “Their position is aligned with that taken by APRA AMCOS in relation to the recent Productivity Commission’s recommendations.

“We do not support the wide-scale expansion of Safe Harbour legislation and predict this will result in an erosion of the rights and income of original songwriters and composers in this country,” he added.

At this stage, it is unclear as to whether the comments made by the band of US music organisations will have any effect on the copyright reform process. The influence and clout of technology companies, however, may hinder their pleas for reform.