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03.19.2007 (previous | next)
Experiment with Notice and Take-down

At our event "what goes up must come down" on Friday I said we needed to learn to do fair, fast food style--noting that the problem of overreaching by copyright owners is by far smaller in scale and scope than the problem of massive infringement.

An experiment proceeds with notice-and-take-down and fair use.

Note, however: the clip is up for five days before it is taken down. That's actually quite a lag.

Furthermore, note--this isn't a good case of copyright owners exaggerating their claims, which is what the prof was using it to illustrate. If we share the prof's assumption that this was a bot, this is more like a case of technology just not working well enough to identify fair use. For every hit that the technology gets, there are lots of misses. Would those make the case that the copyright owner is overly hesitant about claims? Apparently not.

posted by Solveig Singleton @ 8:11 AM | DMCA

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Maybe so, but the follow-up post shows that, even after her counter-notification was processed, the NFL violated the DMCA itself by sending a second takedown notice:

http://wendy.seltzer.org/blog/archives/2007/03/18/nfl_clip_down_again.html

If, in fact, their bots are so unsophisticated as to not allow for videos that have been counter-notified to remain up so that they can properly use the court system to remove it, then they are going to run into some definite liability down the road.

Of course, the NFL has a history of misusing copyright. To wit, their copyright notice:

"This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL's consent, is prohibited."

"descriptions or accounts"? Please.

Posted by: Commons Music at March 19, 2007 11:10 AM








 
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