DMCA a Threat to Free Speech?

The DMCA (Digital Millennium Copyright Act) may be infringing on the rights of free speech for users who wish to use media as a means to critique and criticize. Although the Act is designed to prevent people from posting copyrighted movies or songs online, the DMCA can potentially have negative effects. Under the DMCA, rightsholders are able to demand the removal of content from websites even before it is legally determined to be infringing. At this point "[t]he target of the letter has the right to object by filing a counter-notice, but even if that happens, the targeted material must remain offline for 10 to 14 days before being reposted." Since the line between copyright and fair use is often murky, this could potentially spell trouble for free speech rights. Copyright scholar Wendy Seltzer offers a few suggestions to help narrow the focus of the Act.

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