AIPLA Submits Comments in Response to the Discussion Draft of The Digital Copyright Act (“DCA”)

Written March 22, 2021

On March 22, 2021, AIPLA submitted comments to Senator Thom Tillis in response to the discussion draft of The Digital Copyright Act (“DCA”) of 2021. AIPLA’s comments directed to the concepts addressed and not to any specific proposed language.

AIPLA’s comments support the concept of advancing the DMCA towards a “notice-and-staydown” regime. AIPLA has and continues to advocate for enhanced penalties for abuse, whether by notice or counter-notice. AIPLA also advocates further study into the use of a standardized unique identifier that would more effectively identify content.

AIPLA supports both the standardization of web forms for submitting notices and the Copyright Office’s involvement in developing and maintaining the system. AIPLA likewise supports the proposed role of the Copyright Office in developing and maintaining a repeat infringer policy. AIPLA supports legislation to address orphan works and limit the liabilities of a user who has conducted a reasonably diligent good faith search.

The comments address multiple concerns regarding proposed attribution requirements in section 1202A, concluding that a general attribution requirement is best left to the parties’ discretion in negotiating the assignments. AIPLA also believes that the tribunal established by the CASE Act may have a meaningful role to aid in resolving many of the problems addressed by the draft legislation.

AIPLA’s comments express support for the provisions proposed in Section 9 of the DCA, the Study on Publication provision, and broadening the opportunities for group registrations. Additionally, AIPLA has proposed a wholly new “wizard” system for online applications that enables users to register a variety of works in a single session.