That includes setting up a system for “notice-and-takedown” of copyrighted content. The DMCA law gives platforms like YouTube protection from copyright liability if they meet certain requirements. Some of the world’s most popular social media platforms, such as Facebook, Twitter, or YouTube, are based in the U.S. use the four factor test listed in the Copyright Act to determine whether the use is fair. If your use is challenged by a copyright holder, courts in the U.S. An example might be referencing a government report in a news article, or quoting a government official in order to criticize them. In brief, “fair use” is what lets you use copyrighted content in new works for purposes such as criticism, commentary, parody, news reporting, teaching, scholarship, or research - without asking for permission first. But in the United States and a handful of other nations, the situation is less clear, as courts determine what is allowed under the fair use doctrine. In some jurisdictions, including the Commonwealth of Nations and the European Union, they are clearly defined. These exceptions are essential to the exercise of the right to freedom of expression. The exceptions and limitations to copyright laws define how a person can freely use a copyrighted work for specific purposes, such as for journalism. Copyright law in a nutshellĬopyright laws vary by country, but they share the common purpose of providing an incentive to create by protecting original works of authorship. Please note : the information we provide in this blog post is for general information purposes only and does not, and is not intended to, constitute legal advice. We also offer resources that our Helpline recommends to help individuals and organizations understand DMCA takedown orders and respond appropriately to keep their content online. Notably, ahead of Tanzania’s upcoming elections, our Helpline has received reports of hundreds of DMCA takedown demands to censor Tanzanian activists on Twitter.īelow, we provide an overview of how copyright law works, explain how bad actors are misusing the DMCA - including a case study in Nicaragua - and offer recommendations to help platforms better protect the civil society targets of these copyright claims. The Committee to Protect Journalists has also documented this trend in Ecuador, Nigeria, and most recently in Nicaragua. Most came from countries in Southeast Asia and Eastern Europe. To date we have helped to resolve dozens of DMCA takedown cases, the majority involving censorship on YouTube and Facebook. In some cases, it is clear these abusive DMCA takedown demands are part of broader campaigns to influence public discourse or tip the outcome of elections.Īs we have previously outlined, the Helpline is getting more requests that are related to censorship of content on social media, and DMCA takedowns are part of that trend. Digital Millennium Copyright Act, or DMCA, in attempts to silence journalists, activists, and civil society organizations that report on human rights violations. Access Now’s Digital Security Helpline, which provides direct technical assistance to civil society across the globe, is seeing increased use of spurious copyright claims under the U.S. Repressive regimes - from Nicaragua to Tanzania to Ecuador and beyond - are adding to their toolbox of strategies for censorship of critical voices and independent journalism online.
This was co-written by Alejandro Menjivar, Legal Intern at Access Now.