UPDATE:  The sixth public meeting of the multistakeholder forum on improving the operation of the DMCA notice and takedown system will be held on December 18, 2014 from 9:00am - 12:00pm at USPTO headquaters in Alexandria, VA.    More details on this meeting are provided below under the heading "Sixth Public Meeting."

 
About the Multistakeholder Forum - The goal of the forum is to provide a collaborative forum through which stakeholders will identify best practices and/or develop voluntary agreements for improving the operation of the DMCA notice and takedown system.

We encourage all stakeholders who use the notice and takedown system or who are directly involved in its operation to participate.  Among the stakeholder groups identified during the December 12th public meeting and in the filed comments are:  content providers and individual creators, vendors of enforcement services, small, medium, and large-sized online service providers, cyberlockers, search engines, linking sites, consumers, non-profit organizations, and technology solution providers.

The Department’s role in the multistakeholder process will be to provide a forum for discussion and consensus-building among stakeholders.  Stakeholder groups convened for this process will not be advisory committees, as neither the Department of Commerce nor any other Federal agency or office will seek advice or recommendations on policy issues from participants.

OUTCOME OF THE FIRST PUBLIC MEETING

On March 20, 2014, the Department of Commerce's Internet Policy Task Force held the first meeting of the multistakeholder forum on improving the operation of the DMCA notice and takedown system, as proposed in its July 2013 Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy.  The meeting took place in Alexandria, VA, at the United States Patent and Trademark Office (USPTO), in conjunction with the National Telecommunications and Information Administration (NTIA).  The meeting was also webcast live over the Internet, and an archive is available at http://new.livestream.com/uspto/CopyrightMarch2014.

This first meeting of the multistakeholder forum focused on identifying topics on which consensus-based outcomes may be possible to improve the operation of the current DMCA notice and takedown system.  The meeting was well-attended and the discussions were driven by the stakeholders, establishing an initial process for developing meaningful voluntary approaches.
 
As a starting point for discussion, the Task Force presented three general topics culled from the Green Paper, the December 12th public meeting and the comments submitted to date:
 
1.  Improving the efficiency of the notice and takedown system
 
2.  Minimizing inaccurate notices and abuse of the process
 
3.  Difficulties faced by individuals and/or Small and Medium-Sized Enterprises (SMEs)
 
The discussion focused first on the issues to be addressed, and then turned to determining the process going forward.  The group reached consensus on establishing a smaller working group proceeding at an operational and technical level, which will begin by addressing the topic of standardization of notices.  Before the working group is formed, the stakeholders agreed to hold a second public meeting that will examine efficiencies that can be achieved through the standardization of notices, their delivery and processing.  Subsequent public meetings will be held at appropriate intervals alternating between Alexandria and the West Coast, with any future topics to be determined by the stakeholders.
 
 
OUTCOME OF THE SECOND PUBLIC MEETING

On May 8, 2014, the Department of Commerce's Internet Policy Task Force held the second meeting of the multistakeholder forum on improving the operation of the DMCA notice and takedown system, as proposed in its July 2013 Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy.  The meeting took place in Berkeley, CA, coordinated by the United States Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA).  The meeting was also webcast live over the Internet, and an archive is available at http://new.livestream.com/uspto/CopyrightMay2014.

As decided by consensus at the first public meeting of the forum on March 20, the initial topic addressed in this meeting was the issues of the DMCA notice form and process.  The meeting included presentations on and discussion of standardization issues and consideration of initial topics to be addressed by a smaller technical Working Group.  Attendees and remote viewers of the May 8th meeting volunteered to participate in the Working Group, which will promptly commence discussing the topics.
 
   

OUTCOME OF THE THIRD PUBLIC MEETING

On June 20, 2014, the Department of Commerce's Internet Policy Task Force held the third meeting of the multistakeholder forum on improving the operation of the DMCA notice and takedown system, as proposed in its July 2013 Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy.  The meeting took place at USPTO headquarters in Alexandria, VA., coordinated by the United States Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA).  The meeting was also webcast live over the Internet, and an archive of the proceedings is available at http://new.livestream.com/uspto/multistakeholderjune2014.

The primary focus of the third meeting was to provide a report to the larger forum on the progress of the efforts of the working group to date.  The working group, composed of a broad spectrum of stakeholders representing diverse segments of the user community, artists, small and large Internet companies who receive notices and representatives of rights owners who send notices, was populated by volunteers during and after the second public meeting of the multistakeholder forum on May 8, 2014.  Since that time, the working group has convened several times to begin discussing and analyzing standardization issues in preparation for reaching consensus on suggested model notices and other best practices.
 
To date, the working group has addressed a series of topics centered on the expectation of creating appropriate standardized forms for bulk and individual sending of notices in various contexts.  The group has also discussed various operational topics about the current state of the DMCA notice and takedown process, including placement and accessibility of such forms, whether such forms should vary according to service provider, and enhancing opportunities for improved communications between the various users of the system.  This work continues.  Any party interested in contributing to the work of the group may join by emailing rjones@copyrightalliance.org to be added to the working group distribution list.
 
Going forward the working group also intends to explore whether the current notification system could benefit from the expanded use and accessibility of APIs and "trusted sender" programs.  The working group plans to continue its discussions and work on these topics and will provide a report on the results of its work at the next public meeting of the multistakeholder forum scheduled for September 10, 2014 in Alexandria, VA at USPTO headquarters.
 

OUTCOME OF THE FOURTH PUBLIC MEETING

 On September 10, 2014, the Department of Commerce's Internet Policy Task Force held the fourth meeting of the multistakeholder forum on improving the operation of the DMCA notice and takedown system, as proposed in its July 2013 Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy.  The meeting took place at USPTO headquarters in Alexandria, VA., coordinated by the United States Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA).  The meeting was also webcast live over the Internet, and an archive of the proceedings is available at http://new.livestream.com/uspto/MultistakeholderSEP2014.

The primary focus of the fourth meeting was to provide a report to the larger forum on the progress of the efforts of the working group to date.  The webcast archive contains a Progress Report from the working group co-leads.  Documentation distributed at this event is available here: http://www.uspto.gov/ip/global/copyrights/index.jsp.

The working group plans to continue its discussions and work on these topics and will provide a report on the results of its work at the next public meeting of the multistakeholder forum scheduled for October 28, 2014 in Berkeley, California at the UC Berkeley School of Law (Boalt Hall, Booth Auditorium, 215 Bancroft Way, Berkeley, CA 94720).  Any party interested in contributing to the work of the group may join by emailing Rjones@copyrightalliance.org  to be added to the working group distribution list.

 

OUTCOME OF THE FIFTH PUBLIC MEETING

On October 28, 2014, the Department of Commerce's Internet Policy Task Force held the fifth public meeting of the Multistakeholder Forum on improving the operation of the DMCA notice and takedown system, as proposed in its July 2013 Green Paper on Copyright Policy, Creativity, and Innovation in the Digital Economy. The meeting took place in Berkeley, California, coordinated by the United States Patent and Trademark Office (USPTO) and the National Telecommunications and Information Administration (NTIA). The primary focus of the fifth meeting was to provide a report to the larger forum on the progress of the efforts of the working group to date. Representatives of the stakeholders' working group reported progress in the ?group's work on a paper describing best practices for the submission and processing of notices to Internet service providers to take down infringing material, and the program also included discussions on trusted sender programs and on an academic project reviewing notice-and-takedown procedures. The meeting was also webcast live over the Internet, and an archive of the proceedings is available at: http://new.livestream.com/uspto/multistakeholderOCT2014. Other documentation associated with this meeting can be found here: http://www.uspto.gov/ip/global/copyrights/index.jsp

 

SIXTH PUBLIC MEETING

The sixth public meeting of the multistakeholder forum will be held on December 18, 2014 from 9:00am - 12:00pm at USPTO headquarters in Alexandria, VA.

The meeting will be webcast live, and a conference phone bridge will be provided.  More information and documentation relating to this meeting and the multistakeholder forum in general can be found here:  http://www.uspto.gov/ip/global/copyrights/index.jsp.    The page will be updated with additional information about the fifth meeting, including an agenda, as that information becomes available.