Unjust and extraterritorial law: DMCA: Difference between revisions
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The DMCA is a US legal framework that deprives the accused of the presumption of innocence by removing or blocking their creative work immediately, without any formal investigation or judicial hearing. Once a takedown notice is filed, the burden is on the user to prove they are not infringing, often by revealing personal information and accepting legal risk. The content remains offline until the conflict is resolved, regardless of the user's good faith or the legitimacy of the original claim. | The DMCA is a US legal framework that deprives the accused of the presumption of innocence by removing or blocking their creative work immediately, without any formal investigation or judicial hearing. Once a takedown notice is filed, the burden is on the user to prove they are not infringing, often by revealing personal information and accepting legal risk. The content remains offline until the conflict is resolved, regardless of the user's good faith or the legitimacy of the original claim. | ||
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By treating non-American users as if they were under US law, the DMCA extends far beyond its national scope. It imposes a foreign legal system on the entire internet, without legal standing or democratic legitimacy in most affected countries. | By treating non-American users as if they were under US law, the DMCA extends far beyond its national scope. It imposes a foreign legal system on the entire internet, without legal standing or democratic legitimacy in most affected countries. | ||
==Example: | == Example 1: National licenses overridden by global enforcement == | ||
The global reach of the DMCA does not only suppress individual rights. It also overrides national legal frameworks that are supposed to authorize the lawful use of copyrighted content. | The global reach of the DMCA does not only suppress individual rights. It also overrides national legal frameworks that are supposed to authorize the lawful use of copyrighted content. | ||
In France, web broadcasters are required to pay licensing fees to SACEM, the official agency representing authors, composers and publishers. A small French station such as "House Station Live .com" may fully comply with SACEM licensing requirements by paying the appropriate fees, which grant the right to broadcast copyrighted music on the internet worldwide. The SACEM license is not restricted to national territory. It is designed for global web distribution, taking into account the cross-border nature of online access. | In France, web broadcasters are required to pay licensing fees to SACEM (Society of Authors, Composers and Publishers of Music), the official agency representing authors, composers and publishers. A small French station such as "House Station Live .com" may fully comply with SACEM licensing requirements by paying the appropriate fees, which grant the right to broadcast copyrighted music on the internet worldwide. The SACEM license is not restricted to national territory. It is designed for global web distribution, taking into account the cross-border nature of online access. | ||
But this legal authorization becomes useless the moment the content is hosted on a platform based in the United States. Services such as YouTube, Twitch or SoundCloud operate under US law. They do not recognize foreign licenses like those issued by SACEM. Instead, they rely on the DMCA to manage copyright enforcement through automated systems. A perfectly legal French broadcast can be removed or muted as if it were a case of piracy. | But this legal authorization becomes useless the moment the content is hosted on a platform based in the United States. Services such as YouTube, Twitch or SoundCloud operate under US law. They do not recognize foreign licenses like those issued by SACEM. Instead, they rely on the DMCA to manage copyright enforcement through automated systems. A perfectly legal French broadcast can be removed or muted as if it were a case of piracy. | ||
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This is not a misunderstanding between systems. It is a power grab. The DMCA functions online as if it were the only copyright law that matters. It cancels foreign authorizations automatically, without legal standing outside the US and without being challenged by any authority. The user ends up paying for a right that is ignored in most online contexts, and has no meaningful way to enforce it. | This is not a misunderstanding between systems. It is a power grab. The DMCA functions online as if it were the only copyright law that matters. It cancels foreign authorizations automatically, without legal standing outside the US and without being challenged by any authority. The user ends up paying for a right that is ignored in most online contexts, and has no meaningful way to enforce it. | ||
==Example: Fair use and automated retaliation== | ==Example 2: Fair use and automated retaliation== | ||
An American freelance content creator uploads a reaction video after a Formula 1 race. In his analysis, he includes a five-second clip of a key moment from the broadcast. The excerpt is used under the rules of fair use. It is not monetized directly, and it appears in a clearly transformative and critical context, which is protected by US copyright law. | An American freelance content creator uploads a reaction video after a Formula 1 race. In his analysis, he includes a five-second clip of a key moment from the broadcast. The excerpt is used under the rules of fair use. It is not monetized directly, and it appears in a clearly transformative and critical context, which is protected by US copyright law. | ||