Give Us Your Huddled Masses, But Not Your Copyright Law

Alex Lawrence spoke to Law360 about copyright changes finalized by the European Union that are a stark departure from the way U.S. law has long governed the internet.

“It is fundamentally different than the notice and takedown regime,” Alex said of the law, which would impose liability on sites like YouTube when users upload copyright-infringing material, requiring those services to proactively remove it.

Alex noted that under the Digital Millennium Copyright Act, passed by Congress in 1998, “there is generally no obligation for websites to police what users put up in the first instance,” adding that “it is incumbent on the copyright owner to do the policing. The EU is flipping the burden.”