ABSTRACT
The publishing industry has undergone significant changes over the past decade, making it easier than ever for independent (indie) authors to publish and profit from their work. Digital platforms have removed the barriers once controlled by traditional print publishers, allowing indie authors to publish on their own terms without significant financial investments. However, despite this increased accessibility, piracy remains a major issue in the industry, leading to a sharp decline in indie authors’ annual revenue. Section 512 of the Digital Millennium Copyright Act (DMCA) is complex and ambiguous, leaving indie authors vulnerable to piracy. Although Congress intended § 512 to foster a cooperative effort between online service providers (OSPs) and authors in fighting piracy, the current enforcement disproportionately burdens indie authors. The limited liability § 512 affords to OSPs enables them to engage in minimal efforts to address piracy while profiting from both legitimate and pirated book listings. Meanwhile, § 512 forces indie authors to spend their time identifying unauthorized copies of their work and navigating a complex notice-and-takedown process to have these listings removed. Unfortunately, these authors often lack the expertise, time, and resources to effectively combat piracy. Therefore, Congress must amend § 512 to allocate the responsibility of preventing piracy between OSPs and authors more equitably.
O’Hagan, Cassie, Indie Authors’ Battle Against Piracy On Digital Publishing Platforms: An Endless Game Of Whac-A-Mole (January 28, 2025).
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