"The Copyright Claims Board: Worrying Implications for Scholarship"

CCB proceedings may also pose a threat to freedom of expression for scholars and others who build on original works. There is, of course, the danger that the resolution of CCB infringement claims could result in required payment or an agreement to cease certain activity. Yet if a claimant files a takedown notice under the Digital Millennium Copyright Act (DMCA) in addition to a CCB claim, the allegedly infringing work could remain off-line as long as it sits on the CCB docket awaiting resolution. This potential timescale is in contrast to the current DMCA notice-and-takedown regime, which requires an internet platform to repost an allegedly infringing work online within fourteen days in response to a counternotice that the work is not infringing. The new, extended takedown period thus constitutes a form of censorship.


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Author: Charles W. Bailey, Jr.

Charles W. Bailey, Jr.