Tag: takedown

BOGUS fair use claims hurt creators already victimized by piracy

YouTube users claim Fair Use as a defense for uploading full copies of pirated movies

There was a lot of talk about fair use and takedown abuse at last week’s the U.S. Copyright Office’s Section 512 roundtables in San Francisco.  Many of those who spoke, bemoaned how poor, innocent uploaders were victimized, time after time, by malicious DMCA takedowns.

It’s a tried and true talking point, convenient, but disingenuous all the same.  Some of us, myself included, tried to make the point that creators, whose work is routinely (and massively stolen),  are often (doubly) victimized by malicious fair use claims.  

I thought I’d share an example of this that occurred just this week on YouTube.  On Tuesday a full-copy of the Swedish indie film “Kyss Mig” (all 147 minutes of it) was uploaded to YouTube by a user aptly named “Free Movies.”  As an added flourish, the user-name included the notation, “free movies bitches.”

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Google-funded study on copyright takedowns drops the ball

Google-funded report generates desired headlines and conveniently downplays the role of DMCA counter-notices–ignoring fact the system is weighted against rights holders

A new report on the DMCA notice and takedown system, Notice and Takedown in Everyday Practice, was released yesterday.  Co-authored by researchers at Berkeley Law and Columbia University (collaborators for The Takedown Project), the release is clearly timed to generate buzz to coincide with the April 1st deadline for comments to the U.S. Copyright Office on the state of the 512 statute.

The study is said to offer, “a rare, in-depth, empirical look at ways online copyright disputes are handled between Internet companies, such as Google and YouTube, and content creators, such as movie, music, and publishing companies.”  Hmmm, color me a tad suspicious of any piracy-related report funded by Google*.

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