KEY TAKEAWAYS AND OUTLOOK FOR 2022 -

Like so many things in 2021, a few long-awaited copyright developments have spilled into 2022, with anticipated amendments to key provisions in the Digital Millennium Copyright Act topping the list of legislation to watch.

The key issues we are tracking include the following:

WHETHER SWEEPING CHANGES TO COPYRIGHT LAW PROPOSED BY MEMBERS OF US CONGRESS WILL TAKE EFFECT US Senator Thom Tillis’s (R-NC) proposed Digital Copyright Act of 2021 (DCA), which amends key provisions for addressing online copyright infringement in the Digital Millennium Copyright Act of 1998 (DMCA), was pushed to 2022. Chief among the proposed changes are a notice-and-staydown system (as opposed to the current notice-and-takedown system) requiring online service providers (OSPs) to go beyond taking down copyrighted works and implement a mechanism to ensure the work is not reposted. In 2022, we expect to see continued discussion and debate around the DCA, including the implications of placing the US Copyright Office under the US Department of Commerce.