Notice and Takedown: Housed within section 512(c) of the Copyright Act, Notice and Takedown is a process in which a copyright holder can report allegedly infringing content posted by a user online to the relevant online service provider (OSP), who then removes it upon review. The alleged infringer has an opportunity to issue a “counter-notice” certifying that their use is non-infringing, permitting the OSP to restore the content without liability.

Why it matters: Independent creators depend on open platforms to share their work with the world. Independently publishing your creative work was possible in previous eras (the Washington, D.C., area has been a hotbed of DIY music and publishing for decades, for example), but the internet broke down barriers between creators and audiences like no technology before. Artists with wild ideas and shoestring budgets have access to millions of fans without having to impress gatekeepers or placate censors. That freedom would be impossible if platforms were held responsible for everything a user posts, forcing them to act as copyright cops and impose prior restraints on all speech online. Copyright holders have proposed regimes like “Notice-and-staydown” and new bills addressed to AI technology have included harsh takedown provisions. If these regimes aren’t carefully crafted, they are ripe for abuse. As the EFF’s Corynne McSherry has explained, drafters of digital replica bills have a lot to learn from the DMCA’s notice-and-takedown provisions, both its successes and its shortcomings.