The Legal Regulation of the Notice and Takedown System and Its Effectiveness: A Comparative ‎Analytical Study in the American and Egyptian Laws.‎

Copyright has become one of the rights that is frequently violated due to electronic ‎development. Any content protected by copyright can be published, copied or ‎distributed with the click of a button. Additionally, the lack of unified rules for the ‎liability of internet service providers for these violations has made both copyright ‎holders and internet service providers in-need to cooperate with each other to ‎eliminate copyright infringements. The United States of America launched for the ‎first time in the world the “Notice and Takedown System” in 1998, which is a ‎system that allows sending notification to internet service providers when the ‎copyright holder becomes aware of the existence of a violation on the cyberspace ‎run by the internet service provider. Consequently, the latter shall remove the ‎infringing content in exchange for being exempted from civil liability that may ‎arise from displaying that content.



This research paper conducts a comparative, analytical, and critical study of the Notice and ‎Takedown System between the United States and Egypt, where it sheds light on ‎this system‏ ‏by addressing its scope of application, conditions, and procedures in ‎both countries. This research paper also covers the effectiveness of the Notice and ‎Takedown System in practice and whether it succeeded in achieving the desired ‎protection for copyright holders and internet service providers.‎



The research concludes that there is a Notice and Takedown System in the ‎Egyptian legislation by virtue of the Decree issued by the President of the Supreme ‎Council for Media Regulation No.26 of 2020, but it is a system that differs greatly ‎from the system in force in the United States, as it lacks regulation and ‎specificity. Moreover, the effectiveness of the system in both countries is plagued ‎by many problems that must be taken into consideration when developing this ‎system in Egypt.‎