Kernochan Center: Section 512 and Removing Infringing Material

Apr 2026
6

Section 512 of the Copyright Act was intended to create an efficient means for copyright owners to get service providers to remove or block access to infringing material on their services.  Many copyright owners find using section 512’s notice and takedown procedures to be difficult and frustrating, arguably because the courts have in many instances interpreted the law to favor service providers, because they are concerned that burdens on service providers would damage the internet.  Have courts reasonably interpreted section 512?  Is it a workable means for copyright owners to achieve takedown?  Are service providers unfairly burdened by the numerous takedown notices they receive each day?  Is there a role for no-fault injunction legislation? How are other countries are addressing these issues (presumably without breaking the internet)? 

Speakers:  Nancy Wolff, Cowan Debaets Abrahams & Sheppard, and Joe Gratz, Morrison & Foerster, San Francisco

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Samara Weiss

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