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

Federal AV Proposal Scores Minor Win in House but Remains in Doubt

A newly announced bipartisan agreement in the U.S. House of Representatives Committee on Energy and Commerce may soon bring a proposed federal age verification law before the full House, but the measure continues to face an uphill battle.

Arizona Governor Vetoes 'Protect Act' With New Consent Provisions

Arizona Governor Kate Hobbs on Friday vetoed HB 2133, the “Protect Act,” which would have imposed new requirements for adult content uploaded online.

Brazil Begins Monitoring 18 Adult Sites for AV Compliance

Brazil’s National Data Protection Authority (ANPD) is now monitoring 18 high-traffic adult websites for compliance with the country’s Digital Statute for Children and Adolescents (Digital ECA), which requires such sites to age-verify users located in Brazil.

Ofcom Fines First Time Videos $100,000 for AV Noncompliance

U.K. media regulator Ofcom on Thursday imposed a fine of 80,000 pounds (more than $100,000) against First Time Videos, which operates FTVGirls.com and FTVMilfs.com, for failing to implement age checks required for compliance with the Online Safety Act.

Curves Ahead: How BBW Creators are Turning Differentiation Into Competitive Advantage

For centuries, curves have been celebrated as a symbol of beauty, sensuality and power. From the soft opulence of Rubens paintings to the glamorous silhouettes of pinup icons, fuller figures have long occupied a place in art, fashion and fantasy.

Woodhull Freedom Foundation to Host Virtual 'Pride' Edition of 'Fact Checked' Series

Woodhull Freedom Foundation is hosting a Pride Month virtual edition of its series “Fact Checked by Woodhull.”

'InMelanin' Relaunches Through PAYSITE

InMelanin.com has officially relaunched through PAYSITE.

Pearl Industry Network Partners With Takedown Piracy

Industry trade group Pearl Industry Network (PiN) has officially partnered with Takedown Piracy.

Hollywood Reporter Spotlights XBIZ Miami in Feature on Fan Platforms

Last month's XBIZ conference serves as the setting for a new Hollywood Reporter feature examining the competitive fan platform market.

F2F, Image Angel Launch 'Forensic Watermarking' for Traceability

Friends2Follow (F2F) and Image Angel have partnered to launch a new traceability solution to combat unauthorized content sharing with the use of forensic watermarks.

Show More