Last week, ACT | The App Association responded to the U.S. Copyright Office’s request for comment regarding the operation of section 1201 of Title 17, including the triennial rulemaking process established under the Digital Millennium Copyright Act (DMCA).

Prior to the passage of the DMCA, there was widespread agreement that current law didn’t provide adequate protection to copyright owners in the digital environment. Recognizing the significant economic benefits of the digital marketplace, Congress took up the issue, working to provide the necessary incentives for creators to participate and thrive.

The legislation that became the DMCA was subjected to years of hearings and debate. Movie studios, the music industry, guilds and unions, broadcasters, internet service providers, book publishers, libraries, universities, the technology industry, devices manufacturers, and consumer groups all contributed to the DMCA, and the law represented a series of compromises among these stakeholders.

The DMCA’s copyright protections are foundational to rewarding the creativity and innovation that has led to the growth of the $120 billion app economy. Piracy presents a major threat to the success of app makers and the millions of consumers who rely on them by undermining their ability to innovate, invest, hire, and – worst of all – damaging end-user trust.

In the filing, ACT | The App Association discusses how the DMCA has provided important tools for copyright owners to protect their works online. The DMCA is not without flaws, but the Section 1201 processes have proven effective and flexible tools to enable continued innovation in the tech sector and to promote consumer choice. In addition, ACT | The App Association urged the Copyright Office to very carefully approach instances where Section 1201 addresses issues beyond core copyright concerns. We look forward to working with the Copyright Office and others to promote investment and innovation.

ACT | The App Association comments

 

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