The U.S. Copyright Office’s 2020 “Section 512 Report” addressed the role technologies and technical measures can play in addressing internet piracy. The Report also recognized that there is concern that technical measures to identify possible copyright infringements are “prone to false positives and cannot properly take fair use considerations into account.” Stakeholders have engaged in a range of voluntary collaborations and technical measures to supplement the enforcement framework, but further discussion and collaboration might help to try to ensure that these measures provide a reasonable, effective, and flexible approach for all stakeholders involved. In a letter dated June 24, 2021, Senators Patrick Leahy and Thom Tillis requested that the Copyright Office “convene a representative working group of relevant stakeholders to achieve the identification and implementation of technical measures.”
To support further work on this topic, the U.S. Copyright Office has announced, via a Federal Register notice, a series of consultations on technical measures that might identify or protect copyrighted works. Click here for more information.