Effort to Capture ‘Red Flag’ Embodies DMCA Reform Struggle

Content creators, weary of having their work stolen and copied online, want to see a strengthening of the main U.S. copyright law compelling internet platforms to remove infringing material. Coming up with an acceptable solution, though, is far trickier.

At issue is language in the 1998 Digital Millennium Copyright Act requiring online platforms, such as Google LLC’s Youtube, Facebook Inc., and Twitter Inc., to respond to both “actual knowledge” and what’s commonly known as “red flag knowledge” of infringement to avoid liability for users’ actions.

Copyright holders, though, say courts have rendered “red flag knowledge” meaningless by essentially requiring platforms ...