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Abstract

Music, a universal language sung and heard around the world, is a powerful force for bringing people together. It is also afforded a great deal of protection under United States copyright law. As the way we listen to music has evolved throughout history, so too have the ways that laws protect the rights of musicians and entertainers. However, due to the changing technological landscape and our methods for protecting music, law enforcement officials have found a loophole at the intersection of copyright law, free speech, and the tools we use to enforce the rights of copyright holders. The Digital Millennium Copyright Act affords protection to social media platforms that remove copyright-infringing material on behalf of copyright holders. In order to effectively monitor for infringement, many of these platforms utilize “algorithmic takedown systems,” programs that identify infringing content and take actions specified by the copyright holder. By deliberately playing copyrighted music while being filmed, police officers are attempting to trigger algorithmic takedown systems to block videos without a chance for the videos to be manually reviewed by the copyright holder. The result of these actions is a suppression of police accountability and the reduced dissemination of ideas. This Comment will discuss how police abuse the copyright system, study the implications of their actions, and propose solutions for the future.

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