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Abstract

In 1998, Congress passed the Digital Millennium Copyright Act (DMCA) to create a set of rules and procedures online service providers must meet in order to prevent liability from extending to them. 17 U.S.C. § 512(c), dubbed the “safe-harbor provision,” sets out what actions an online service provider must take in order to be free from liability. Recently, this legislation has come under scrutiny because critics argue the safe-harbor provisions over protect online service providers and allow artists to face the consequences of online piracy. This Note argues that instead of reforming the DMCA, new technology and innovation, such as YouTube’s Content ID, should be used to combat online piracy. In addition to new technology and innovation, using anti-piracy techniques such as the “follow the money” approach, as well providing more legitimate forms of streaming, will best protect artists from online piracy.  

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