It's not everyday that Congress gets an Open Letter from the likes of Taylor Swift, Paul McCartney, Pearl Jam, Garth Brooks, Billy Joel, U2, and Lionel Richie. This week, along with several dozen other popular music stars, they called on Congress to adopt measures to reduce copyright-infringing content on the Internet.

 

If music star-power prompts Congress to take action to update federal law to match the realities of today's Internet and music market, so much the better. As we contended in an earlier column, the Digital Millennium Copyright Act of 1998 (DMCA) needs fixing to better secure copyright protections for music and other creative content.

 

Nearly 20 years of developments with regard to Internet technology and online user habits have rendered the DMCA ineffective in protecting copyrighted works from online infringement. The DMCA's "notice and takedown" process for removing infringing music and other media content from the Internet has become unduly burdensome and frustratingly slow. Massive online infringement activity is diminishing the ability of songwriters and recording artists to reap the financial rewards from their creative works.

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Reform of the DMCA shouldn't be about taking sides in the disputes. Real reform should be about bringing the law up to date with the realities of today's Internet ecosystem and then letting the music market work. Online service providers should retain a safe harbor for good faith efforts to remove infringing content. But songwriters and recording artists deserve an easier and more efficient means for curtailing online posting of copyrighted music. And reforms should include simpler ways to combat multiple postings of by repeat infringers.

 

History reveals the important role played by prominent authors, ranging from Washington Irving to Mark Twain, in prompting Congress to secure international protection for the copyrights of America's creative artists. Perhaps the Open Letter from the all-star music lineup will retrace that history by drawing needed attention to the DMCA's shortcomings and prompting its reform. Now nearing 20 years old, the DMCA, a certifiable relic in terms of "digital years," is due for an update to better secure the rights to copyrighted music.

 

 

** Seth L. Cooper is a Senior Fellow of the Free State Foundation.