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DGA Statement on USMCA’s Inclusion of Big Tech Copyright Safe Harbor

December 19, 2019

The DGA is deeply disappointed that the new USMCA deal includes a rule (Article 20.89) that will export flawed and outdated United States policy allowing online service providers to shirk responsibility for copyright violations on their platforms.

In these digital times, workers in the entertainment industry rely more than ever on adequate and effective copyright protection to secure their livelihoods. This provision does nothing but provide a free pass from monetary liability to the world's largest tech companies at the expense of our members and countless other middle class creative professionals across North America. Known in the U.S. as Section 512 of the Digital Millennium Copyright Act, the rule allows internet media businesses to profit from the theft of copyrighted movies and television programs exhibited on their platforms without paying creators. As a result, our members and other content creators are deprived of the right to benefit from the exploitation of their work. As technology continues to improve through faster connections, more stolen content will be made available—which is why cementing this outdated safe harbor into an international agreement is ill-advised.

The DGA applauds Rep. Linda Sanchez and Rep. Judy Chu for raising the concerns of content creators this week during the House Ways and Means Committee markup of the USMCA, urging exclusion of this rule from future trade deals. We look forward to working with them and other champions of creative professionals to prevent this safe harbor for big tech from being included in future trade agreements.

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