Timothy B. Lee, ArsTechnica.com; Yes, video of Obama belting out "I'm so in love with you" is fair use:
"The music publisher BMG Rights Management appears to have used the DMCA takedown process to remove another video of the commander-in-chief belting out "I'm so in love with you." The video, one of many uploaded in the wake of an event at the Apollo Theater earlier this year, was made by YouTube user sNewsCast...
Unfortunately, the law doesn't give YouTube much latitude to stand up for fair use if it wants to hold onto the protection of the DMCA safe harbor. The notice-and-takedown procedure requires YouTube to leave an allegedly infringing work offline for at least 10 days, even if the uploader files a counter-notice stating that the work is not infringing."
Showing posts with label presidential campaign ads. Show all posts
Showing posts with label presidential campaign ads. Show all posts
Wednesday, July 18, 2012
Music publisher uses DMCA to take down Romney ad of Obama crooning; ArsTechnica, 7/16/12
Timothy B. Lee, ArsTechnica; Music publisher uses DMCA to take down Romney ad of Obama crooning:
"But YouTube chief counsel Zahavah Levine fired back with a letter pointing out that trying to assess fair use on a case-by-case basis at YouTube's scale would be extremely difficult. In many cases, YouTube doesn't even have the information it would need to assess whether a particular clip is fair use. Given that declining to take down a clip could expose the site to liability, YouTube has decided to play it safe and comply with the DMCA's takedown procedure. No exceptions, even for presidential candidates.
In 2008, YouTube expressed the hope that whichever candidate won the White House would help to reform the DMCA's takedown process to avoid this kind of problem. Unfortunately, that didn't happen. Instead, Congress nearly passed the Stop Online Piracy Act, which would have given incumbent copyright holders even broader powers to take down content they didn't like."
"But YouTube chief counsel Zahavah Levine fired back with a letter pointing out that trying to assess fair use on a case-by-case basis at YouTube's scale would be extremely difficult. In many cases, YouTube doesn't even have the information it would need to assess whether a particular clip is fair use. Given that declining to take down a clip could expose the site to liability, YouTube has decided to play it safe and comply with the DMCA's takedown procedure. No exceptions, even for presidential candidates.
In 2008, YouTube expressed the hope that whichever candidate won the White House would help to reform the DMCA's takedown process to avoid this kind of problem. Unfortunately, that didn't happen. Instead, Congress nearly passed the Stop Online Piracy Act, which would have given incumbent copyright holders even broader powers to take down content they didn't like."
Wednesday, February 25, 2009
Jackson Browne vs. John McCain: Round 3, The New York Times, 2/24/09
Via The New York Times: Jackson Browne vs. John McCain: Round 3:
"A legal dispute between Jackson Browne and Senator John McCain over Mr. Browne’s song “Running on Empty” will keep running: In federal district court in California on Friday, a judge denied motions filed by Mr. McCain and the Republican National Committee to halt a lawsuit brought against them by Mr. Browne, according to court documents. In his suit, Mr. Browne said that Mr. McCain and the committee had infringed on his copyrights by using “Running on Empty” in a presidential campaign commercial without Mr. Browne’s permission. Mr. McCain and the R.N.C. had argued that First Amendment and fair-use rules permitted the use of the song because it occurred in a political context, but Judge R. Gary Klausner was unconvinced; Judge Klausner also set a late April date for a hearing to set a schedule for a jury trial."
http://artsbeat.blogs.nytimes.com/2009/02/24/jackson-browne-vs-john-mccain-round-3/
"A legal dispute between Jackson Browne and Senator John McCain over Mr. Browne’s song “Running on Empty” will keep running: In federal district court in California on Friday, a judge denied motions filed by Mr. McCain and the Republican National Committee to halt a lawsuit brought against them by Mr. Browne, according to court documents. In his suit, Mr. Browne said that Mr. McCain and the committee had infringed on his copyrights by using “Running on Empty” in a presidential campaign commercial without Mr. Browne’s permission. Mr. McCain and the R.N.C. had argued that First Amendment and fair-use rules permitted the use of the song because it occurred in a political context, but Judge R. Gary Klausner was unconvinced; Judge Klausner also set a late April date for a hearing to set a schedule for a jury trial."
http://artsbeat.blogs.nytimes.com/2009/02/24/jackson-browne-vs-john-mccain-round-3/
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