What about metadata embedded in the digital file that contains the author's name and contact info?
What about steganographic (invisible) watermarking? (e.g. "Digimarc.")
What about making it illegal to strip metadata and to obscure or remove watermarks?
I kinda' understand the idea behind this legislation; to streamline the fair use rules and cut red tape; but I think that the "due dilligence" rule should apply to visible AND invisible watermarking. Since most methods of digital watermarking are known, any reasonable person could be expected to look for them.
Although one could assume that, if somebody removes a watermark, they intend to steal an image it is possble for one person to remove a watermark and post an image which is then used by a second person who doesn't find one, even though they looked for it. This would put the burden guilt back on the first person and serve to protect a well-intentioned subsequent person from unintended consequences.