I am a small-time photographer and cameraman. My comments have to deal with my three biggest copyright infringement problems:
1.) I need an affordable way to pursue smaller infringement cases that an attorney will not pursue. Contingency fee attorneys will not pursue cases where profit or cost recovery to them will be impossible. I cannot afford to file a federal claim on my own for small time cases. I would likely not recover my costs even if I did win. The result is that I cannot pursue more than 90% of infringement cases.
2.) Foreign individuals must not be able to send DMCA counter-notifications in the USA. Currently, someone outside of the US knows that they can file a false counter-claim vs my DMCA takedown, because my only recourse is to file an expensive federal claim just to keep the infringing material from being reposted. They also know that it is extremely difficult and expensive for me to pursue an infringement case outside of the US. Thus, they abuse the counter-notifications and make it impossible for me to take down infringing copies (such as on Youtube).
3.) Service providers with a history of repeated infringements must provide an automated system to take down infringing material. For example, I must spend at least one hour per day patrolling Youtube for infringing re-uploads of my videos. I send hundreds of DMCA takedowns to Youtube every year, all must be done manually by me. Youtube so far has refused to grant me access to their Content ID system which would automate the process.
