Since its enactment in 1998, the Digital Millennium Copyright Act (DMCA), with its notice-and-takedown online copyright enforcement system, has served as both a model and as a source of research and experience, for similar copyright and online content moderation/management efforts around the world, including the UK’s Defamation (Operators of Websites) Regulations 2013. Despite this global prominence, and the DMCA’s scope and reach growing as its enforcement processes are increasingly automated through ‘bots’ and similar automated programs online, there remains little systematic empirical research analyzing its operation and impact. Aiming to address this gap in the literature, this talk will cover two new empirical legal studies on this count—one involving Twitter and Google Blogger users targeted by DMCA notices and another survey-based study—which together offer insights on the DMCA’s effectiveness and impact, particularly any chilling effects on user content and expression. Thoughts on the increasing automation of legal processes, through the lens of the DMCA experience, are also discussed.
A light lunch will be served. All are welcome.