Tag: safe harbor

Will DMCA ‘safe harbor’ loophole finally get fixed?

U.S. Copyright Office announces study on impact and effectiveness of the DMCA safe harbor provisions

The Digital Millennium Copyright Act’s (DMCA) “safe harbor” provision has long been a source of frustration for creators.  For years it’s allowed 3rd parties who enable, and often profit from piracy, to avoid legal liability for infringement.  Momentum to tighten eligibility standards to qualify for safe harbor protection has been growing of late, both in courts and at the U.S. Copyright Office.

Read More

Copyright Au Courant – Piracy, Popcorn Time and Privacy

Lots of news in the copyright, piracy and privacy world of late.  Here’s some worth a look:

First up, this thoughtful piece by Nelson Granados on Forbes.com “How Piracy Is Still Hurting The Filmmakers And Artists You Admire.”  Granados takes direct aim at the fallacy that piracy doesn’t cause damage to Hollywood studios.

“Many think naively that studios cannot be hurt too much, because after all, you hear mostly about the movies that make hundreds of millions of dollars. But the reality for many filmmakers is that they often live on the edge, seeking financing to produce quality content, and enduring high uncertainty about whether they will be able to pay off debt and have any profit left. Given the high fixed cost of producing a quality movie, losses from piracy can be the difference between making a profit or not.”

He notes that a number of “peer-reviewed” studies quantify this damage.  Bottom line, like any industry, Hollywood depends on making a return on its investment in order to stay alive.  No matter what piracy apologists allege, that’s a basic economic fact.  Granados also touches on the particular vulnerability faced by independent filmmakers.

Most artists struggle to make ends meet as they pursue their creative work with passion and dedication. Piracy may be tipping the next Quentin Tarantino over the financial edge into bankruptcy, and we will all lose.

As I’ve often said, we (consumers) won’t be aware of what we are missing if it isn’t made.  Piracy’s damage can be insidious and, to the public, somewhat invisible, but ultimately it diminishes the quantity (and quality) of film offerings we have to choose from.

Read More
Loading