DMCA Report: 'Safe Harbor' Tilted Against Copyright Owners

DMCA Report: 'Safe Harbor' Tilted Against Copyright Owners

WASHINGTON — The U.S. Copyright Office released yesterday a lengthy report on the Digital Millennium Copyright Act (DMCA), calling for Congress to modify certain aspects of the “safe harbor” doctrine that protects tube sites, both for mainstream and adult content, from copyright liability.

According to its introductory letter “the publication of this report is the final output of several years of effort by the Copyright Office to assist Congress with evaluating ways to update the Copyright Act for the 21st Century.”

Although the report did not recommend sweeping changes to the DMCA, it reached the conclusion that the act had been "tilted askew" since its late-1990s origins, with the end result that tech companies and platforms were more protected than copyright owners.

Section 512, the so-called “safe harbor” provision, was the focus of the almost-200-page report.

The report considered that the concept of “safe harbor” had been much expanded to the detriment of copyright owners over years of litigation, and, though Congress “surely intended for the section 512 safe harbors to be interpreted broadly, they are not (and should not be) limitless.”

Other areas where the report concluded the DMCA had failed in its mission include “red flag knowledge” (concerning the platform’s expected awareness of apparent infringement) and “notice-and-stay-down” issues (the expectation that infringing material will be permanently blocked) and the handling of repeat offenders.

The Gold Standard

XBIZ spoke about the report with Battleship Stance’s Jason Tucker, whose copyright management and enforcement clients include many important players in the adult industry.

Tucker pointed out that many of the report’s comments on tech companies, platforms and leading mainstream tube sites apply directly to the adult entertainment ecosystem.

He explained that YouTube, for example “requires you to enter verifiable information to verify who you are. There are a number of adult platforms that do not verify any information, yet they can still claim ‘safe harbor’ under the DMCA as it’s written today.”

“It’s time that we set a standard that can work for everybody, because leaving it up to the courts and the market has not resulted in any uniformity,” Tucker told XBIZ.

“What I believe is the correct way to approach this issue is the way that MindGeek handles it for their tube sites, which is similar to what YouTube does, and those two powerhouses have set the standard of what other tube sites should have,” Tucker concluded.

To read the entire U.S. Copyright Office’s report on the DMCA, click here.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Op-Ed: The Guardian's XBIZ Amsterdam Podcast Dismisses Creators' Experiences

British newspaper The Guardian’s podcast coverage of XBIZ Amsterdam 2025 purports to investigate the power dynamics of today’s online adult industry. Instead, it ignores creators’ voices, airs tired and outdated preconceptions about the business, and rehashes the unsupported claims of anti-pornography crusaders.

Eva Maxim, BranditScan Launch 'Killer' Promo

Eva Maxim and BranditScan have partnered for the Killer Creator Giveaway promotion.

2026 XBIZ Exec Awards Nominees for Online Industry Announced

XBIZ is pleased to announce the nominees for the online industry edition of the 2026 XBIZ Exec Awards, set to be presented as part of the annual XBIZ Honors ceremony on Wednesday, Jan. 14 in conjunction with the XBIZ 2026 digital media conference.

AEBN Publishes Report on POV Trends

AEBN has published a report on POV and gonzo categories from its straight and gay theaters.

Joybear Pictures to Launch 'I Really Love' Studio Imprint

Joybear Pictures has announced that its new studio imprint, I Really Love, will launch in January.

Pineapple Support to Host 'Life Transitions' Support Group

Pineapple Support is hosting a free online support group on navigating transitional and liminal spaces.

CamSoda Launches 'Trick or Tease' AI Companions

CamSoda has launched its Halloween-themed Trick or Tease AI companions.

Russian Lawmakers Call for Age Verification

Two Russian lawmakers have called on the country’s government to implement age verification for adult content.

British Documentary Spotlights XBIZ Amsterdam With Candid Conversations

British creator and host Josh Pieters traveled to XBIZ Amsterdam to film a documentary about the annual European adult industry conference.

XBIZ 2026 to Debut 'New Talent Go-See' Special Event

XBIZ 2026, North America’s premier adult industry conference, will debut a special event designed to help new talent jump-start their careers: the New Talent Go-See.

Show More