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Sat Jan 12, 2013, 01:21 AM

Corpulent Copyrights and the Abuse of the DMCA Takedown System

From http://arstechnica.com/tech-policy/2013/01/buffy-vs-edward-remix-unfairly-removed-by-lionsgate/ :

"It appeared as though Lionsgate just filed two separate infringement claims on the same piece of media.

 Confused and slightly frustrated I once again embarked on repeating the same dispute process as before. I filed my fair use dispute via YouTube’s built-in form exactly as I had the first time around.

"Again, just like the first time, it was rejected by Lionsgate within 24 hours and they reinstated their claim on the remix. So I filed my second long-form appeal using YouTube’s system, again making the detailed legal arguments crafted by my lawyer at New Media Rights which lay out very clearly all the fair use arguments. And I waited for a response.

"On December 18th, I received notification from YouTube that Lionsgate had again ignored my fair use arguments, rejected my appeal and this time had the remix deleted from YouTube entirely.

"I was dumbfounded. And to add insult to injury I was now locked out of my YouTube account and had a copyright infringement “strike” placed on my channel."

Much more at the link.

(A side note: Did you realize, if I understand correctly, that there's effectively no longer any expiration date on copyrights on audio recordings?)

4 replies, 608 views

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Reply Corpulent Copyrights and the Abuse of the DMCA Takedown System (Original post)
snot Jan 2013 OP
msongs Jan 2013 #1
snot Jan 2013 #3
Downwinder Jan 2013 #2
snot Jan 2013 #4

Response to snot (Original post)

Sat Jan 12, 2013, 01:38 AM

1. you could create your own original content instead of using somebody else's? there's a thought nt

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Response to msongs (Reply #1)

Sun Jan 13, 2013, 11:14 AM

3. Copyright restrictions have expanded exponentially, becoming a bloated monster

stifling creativity instead of rewarding it. The fair use and other exceptions to copyright law that remain are there for reasons of both fairness and indisputable benefits to society.

In this situation, the artist's work was in compliance with even this bloated law, yet big media abused the take-down system to wrongfully cause her/him to have to waste gobs of time, energy, and money to protect her/his rights.

Are you aware that there is now NO expiration date on copyrights on recordings? This doesn't protect creatives; it protects big media.

Originality is always a matter of degree. Shakespeare stole the plot of every play he wrote.

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Response to snot (Original post)

Sat Jan 12, 2013, 09:31 PM

2. The best defense is a good offense.

There is a lot to be said for being the first on the Courthouse steps.

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Response to Downwinder (Reply #2)

Sun Jan 13, 2013, 11:20 AM

4. Every artist who makes a work COMPLYING w/ the law but suspects some media co. MIGHT

abuse the take-down system to wrongfully object should spend $5,000 to pre-emptively sue them?

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