Abstract
When copyright law collides with press freedom, which one survives the takedown? The Digital Millennium Copyright Act (DMCA) was once hailed as a necessary adaptation to copyright protection issues in the digital age. But now, nearly three decades since its incorporation into the Copyright Act, the DMCA has continued to cast a shadow over the journalism industry. The DMCA’s notice-and-takedown system, originally designed to protect copyright owners by allowing for quick removal of infringing content, has become a mechanism that risks suppressing lawful reporting and undermines the First Amendment’s guarantee of a free press. This Comment will explore how the DMCA’s innate, structural flaws have fostered an environment that disproportionately harms news media and journalism. To address these harms, this Comment then proposes concrete solutions like codifying exceptions, reforming the fair use doctrine, and implementing enforceable penalties for wrongful takedowns. By rebalancing copyright law to reflect the realities of modern journalism and the guarantees of a free press, these reforms can ensure that intellectual property right enforcement does not come at the expense of the First Amendment.
Recommended Citation
Alenis Olivera, Copyright Protection or Media Suppression? The Digital Millennium Copyright Act's Impact on News Media and Journalism, 20 FIU L. Rev. 1367 (2026), https://doi.org/10.25148/lawrev.20.4.13.
