DMCA

Whatever Happened to Playing Fair?

A few recent intellectual property disputes have highlighted the fact that the decision to pursue legal action is both a legal and a moral choice.  While concepts such as "fair use" help to ensure protection of both intellectual property rights while promoting creative expression, they can't replace a simple concept we all learned in kindergarten:  "treat others the way you’d like them to treat you."

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Progress Illinois' YouTube Channel Reinstated After Fox Declines to Sue

Late last week, YouTube reinstated Progress Illinois' YouTube channel after Fox Television declined to sue for copyright infringement within the 10 day window prescribed by the Digital Millennium Copyright Act (DMCA)

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Fox Television Forces Shutdown of Progress Illinois' YouTube Channel

Progress Illinois, which "provides online news and commentary on issues important to Illinois working families and the progressive movement at large," has had its YouTube channel terminated after receiving three notices of copyright infringement from Fox Television Stations, Inc. arising from the organization's use of news footage from WFLD-TV, the Fox affiliate in Chicago. 

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Workshop on Managing Online Reader Contributions and Comments

This Thursday I'll be participating in a "collaborative workshop" involving newspaper editors and media lawyers addressing the challenges associated with managing online reader contributions and comments.  The half-day workshop is sponsored by the New England Newspaper Association, New England Press Association, and Prince, Lobel, Glovsky & Tye.  

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Marking the Ten Year Anniversary of the DMCA

Today marks the ten year anniversary of the Digital Millennium Copyright Act (DMCA), which President Clinton signed into law on October 28, 1998.  For background on the DMCA, see our legal guide here and here.  Now that we've had a decade to get to know the DMCA, it's time to reflect on the changes this important law has engendered.

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Copyright, Politics, and McCain's Request for Special Treatment

Last week we reported that the McCain campaign had sent a letter to YouTube complaining that its campaign videos were being removed from YouTube as a result of unjustified DMCA takedown requests sent by news organizations whose footage was included in the videos.

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McCain's YouTube Takedowns Inspire Fair Use Fervor

There's nothing like a misfired copyright claim to make a presidential campaign see the value of fair use.

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YouTube Anti-Scientology Takedowns and Putbacks

The Electronic Frontier Foundation reports on some good news, and bit of bad news, regarding the blizzard of DMCA takedown notices sent to YouTube on behalf of the Church of Scientology.

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California Court Warns Copyright Bullies Not to Ignore Fair Use

A federal district court in California held on Wednesday that copyright owners must consider fair use before sending DMCA takedown notices to avoid liability for abuse of the law's procedures. The ruling is a huge victory for free speech advocates and may have far-reaching implications for the way content owners police infringement online. 

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DMCA "Repeat Infringers": Scientology Critic’s Account Reinstated after Counter-Notification

The Scientology critic known as “Wise Beard Man” returned to YouTube this week after successfully filing counter-notifications to copyright claims that had earlier been made against his account. The takedown and delayed return illuminate another of the lesser-known shoals of the DMCA safe harbor, the 512(i)(1)(A) “repeat infringers” consideration.

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