National Organization for Marriage v. Maddow

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute. Information contained in this entry is current as of the last event mentioned in the "Description" section below; additional proceedings might have taken place in this matter since this event.

Summary

Threat Type: 

Correspondence

Date: 

04/13/2009

Status: 

Pending

Location: 

California

Disposition: 

Material Removed
Material Reinstated

Verdict or Settlement Amount: 

N/A
According to Wired's Threat Level blog, in April 2009 the anti-gay-marriage group National Organization for Marriage ("NOM") sent a DMCA takedown notice to YouTube, demanding that it take down a clip from MSNBC's Rachel Maddow Show. ... read full description
Parties

Party Receiving Legal Threat: 

MSNBC; Rachel Maddow

Type of Party: 

Organization

Type of Party: 

Individual
Large Organization

Location of Party: 

  • New Jersey

Location of Party: 

  • New York
Description

According to Wired's Threat Level blog, in April 2009 the anti-gay-marriage group National Organization for Marriage ("NOM") sent a DMCA takedown notice to YouTube, demanding that it take down a clip from MSNBC's Rachel Maddow Show.  In the clip, Maddow criticizes NOM's "Gathering Storm" advocacy ad, displays short excerpts from the ad and 40 seconds of leaked audition outtakes from the ad, which had been uncovered by the Human Rights Campaign and posted widely on video-sharing sites like YouTube. 

In response to the DMCA notice, YouTube pulled down the clip.

MSNBC apparently sent a counter notice, and YouTube put the clip back up.  Subsequently, Maddow commented on the DMCA takedown request and chided NOM on the air for using copyright law to silence critical commentary:

A cable news segment critical of an issue ad violates the copyright of the organization that made that ad? So you can pay to put it on TV, but I can't address its merits on TV?  Come now anti-gay-marriage people, I know your campaign is about how scared we should all be of gay marriage, but now you're scared of people talking about your stance on it?

Details

Content Type: 

  • Video

Publication Medium: 

Broadcast
Website

Subject Area: 

  • Copyright
  • Fair Use
  • DMCA
Court Information & Documents

Jurisdiction: 

  • California

Source of Law: 

  • United States
CMLP Information (Private)

CMLP Notes: 

embeds for videos (needed each time you edit this entry)

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