By Godana Galma
The Copyright (Amendment) Act (2019) (the Act)introduced a host of reforms to the national copyright regime. One of the more notable changes was the introduction of a Notice and Takedown (NTD) procedure through which Internet Service Providers (ISPs) can obtain safe harbor upon compliance. This piece follows up on the discussion introduced in an earlier post on the digital rights implications of the NTD structure of the Act.
This piece carries on from the conclusion of the earlier blog by analyzing the implications of ISPs’ use of automation in the discharge of their statutory duties. In this vein, this discussion will centre on the growing use of automated tools and processes and the consequent impacts on the copyright landscape.
ALGORITHMIC ENFORCEMENT: THE NEW COPYRIGHT POLICE?
As Penney declares, the age of automated legal enforcement is at hand. Technological progress opens a wide breadth of possibilities in which automated tools can make legal processes more efficient and effective. Tools such as predictive policing, cognitive computing and AI based surveillance have been reported to significantly improve the efficiency of enforcement tasks.
Copyright enforcement has traditionally been an arduous task. Logistical, financial and practicality reasons have often meant that an individual rights holder will often face numerous challenges in attempt to protect his/her original work from being copied, reproduced or otherwise distributed without his/her consent. This difficulty was exacerbated by the dawn of the digital age which raised infringing capabilities significantly. A panacea to these issues has been touted to be the use of automated toolsContinue reading