The DMCA is in the news again, after some Twitch streamers are facing suspensions for streaming TV shows without a license. Among other things, it reveals some serious misunderstandings about what the DMCA is and how it works.
One big myth is that the DMCA made it illegal to stream unlicensed music and TV shows and that if DMCA was repealed, users could just stream whatever they want.
In fact, the create a liability exemption for services hosting content posted by users. The service isn't liable for what the users post, as long as they comply with a set of practices and procedures.
It's not about whether it's legal to broadcast stuff you didn't create or get a license for (generally, it's not, unless it's in the public domain or within the bounds of fair use.) It's whether a service like Twitch is legally on the hook for what its users do.
If the DMCA was repealed, UGC services would be on the hook, and most wouldn't be able to operate the way they do now (or exist at all).
To be clear, no one serious in public policy is actually pushing to repeal the DMCA. There are however, important debates about how to make the DMCA work better for creators and the public, and how to ensure fair and transparent policies and practices by services.
For our part, we value the DMCA and the range of services it makes possible, many of which artists use and enjoy. And we can see ways it's in need of an update. Unfortunately, the prevalence of misinformation online creates barriers to reform.
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