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 © 2026 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

Studio Vanniall Signs Exclusive Partnership Deal With PAYSITE

Studio Vanniall has signed an exclusive partnership deal with PAYSITE.

AEBN Publishes Popular Searches by Country for June, July

AEBN has released the list of popular searches from its straight and gay theaters, by country, for June and July.

Appeals Court Upholds Section 230 Immunity in XVideos Case

The U.S. Court of Appeals for the 9th Circuit has upheld a lower court’s ruling that Section 230 protects WebGroup Czech Republic from liability in a case involving user-uploaded CSAM on its tube sites.

Aylo Moves to Settle Two 'Children of Pornhub' Class-Action Lawsuits

Aylo has agreed to terms for a settlement with the plaintiffs in two long-running class actions over allegations that former Pornhub parent company MindGeek knowingly allowed and profited from CSAM on its sites.

Tigerlilly Launches 'SugarCoatedSweethearts' Through PAYSITE

Tigerlilly has launched SugarCoatedSweethearts.com through PAYSITE.

ASACP Marks 30-Year Anniversary

ASACP is celebrating 30 years of operation, during which it has received over 1.3 million reports from web admins and the public about suspected child pornography.

AEBN Announces Isiah Maxwell as Top Male Boy/Girl Performer for Summer 2026

AEBN has revealed its top 10 male Boy/Girl performers for summer 2026, with Isiah Maxwell landing atop the leaderboard.

JMan Launches AI Companion Solution for Adult Websites

Online industry veteran JMan has launched Orkestrait, an AI companion solution designed specifically for adult websites.

Johnny Sins Launches 'Fangate' Platform for Account-Free Content Sales

Johnny Sins has officially launched Fangate, a platform that allows creators to sell content directly to fans without requiring a user account or subscription.

TSBlondieNYC Launches Official Website Through PAYSITE

TSBlondieNYC has launched an official website through PAYSITE.

Show More