now listening
shared items
...more shared items
archives

11/01/2003 - 12/01/2003

12/01/2003 - 01/01/2004

01/01/2004 - 02/01/2004

02/01/2004 - 03/01/2004

03/01/2004 - 04/01/2004

04/01/2004 - 05/01/2004

05/01/2004 - 06/01/2004

06/01/2004 - 07/01/2004

07/01/2004 - 08/01/2004

08/01/2004 - 09/01/2004

09/01/2004 - 10/01/2004

10/01/2004 - 11/01/2004

11/01/2004 - 12/01/2004

12/01/2004 - 01/01/2005

01/01/2005 - 02/01/2005

02/01/2005 - 03/01/2005

03/01/2005 - 04/01/2005

04/01/2005 - 05/01/2005

05/01/2005 - 06/01/2005

06/01/2005 - 07/01/2005

07/01/2005 - 08/01/2005

08/01/2005 - 09/01/2005

09/01/2005 - 10/01/2005

10/01/2005 - 11/01/2005

11/01/2005 - 12/01/2005

12/01/2005 - 01/01/2006

01/01/2006 - 02/01/2006

02/01/2006 - 03/01/2006

03/01/2006 - 04/01/2006

04/01/2006 - 05/01/2006

05/01/2006 - 06/01/2006

06/01/2006 - 07/01/2006

07/01/2006 - 08/01/2006

08/01/2006 - 09/01/2006

09/01/2006 - 10/01/2006

10/01/2006 - 11/01/2006

11/01/2006 - 12/01/2006

12/01/2006 - 01/01/2007

01/01/2007 - 02/01/2007

02/01/2007 - 03/01/2007

03/01/2007 - 04/01/2007

04/01/2007 - 05/01/2007

05/01/2007 - 06/01/2007

06/01/2007 - 07/01/2007

07/01/2007 - 08/01/2007

08/01/2007 - 09/01/2007

09/01/2007 - 10/01/2007

10/01/2007 - 11/01/2007

11/01/2007 - 12/01/2007

12/01/2007 - 01/01/2008

01/01/2008 - 02/01/2008

02/01/2008 - 03/01/2008

03/01/2008 - 04/01/2008

04/01/2008 - 05/01/2008

05/01/2008 - 06/01/2008

06/01/2008 - 07/01/2008

07/01/2008 - 08/01/2008

08/01/2008 - 09/01/2008

09/01/2008 - 10/01/2008

10/01/2008 - 11/01/2008

11/01/2008 - 12/01/2008

12/01/2008 - 01/01/2009

01/01/2009 - 02/01/2009

02/01/2009 - 03/01/2009

03/01/2009 - 04/01/2009

04/01/2009 - 05/01/2009

05/01/2009 - 06/01/2009

06/01/2009 - 07/01/2009

07/01/2009 - 08/01/2009

08/01/2009 - 09/01/2009

09/01/2009 - 10/01/2009

10/01/2009 - 11/01/2009

11/01/2009 - 12/01/2009

12/01/2009 - 01/01/2010

01/01/2010 - 02/01/2010

02/01/2010 - 03/01/2010

03/01/2010 - 04/01/2010


Tuesday, February 26, 2008 
WISH-tv files DMCA takedown against DCCC anti-elrod ad
four days ago, the democratic congressional campaign committee (DCCC) posted a youtube video that was critical of 7th district candidate jon elrod. the clip featured fragments of video from a WISH-tv report about elrod' working on his campaign while he should be representing his constituents in the statehouse.

the WISH-tv video that was used was fragmentary, and was properly attributed to WISH-tv. its use was no different than showing a quote or headline from a newspaper article, a long-accepted practice in political ads. i believe it was legally protected under the doctrine of fair use. but apparently WISH (or someone at the parent company, LIN) disagreed. they filed a DMCA takedown notice and had the DCCC video removed from youtube.

some right-wing blogs are rejoicing, erroneously asserting that the fact that youtube took the video down proves that WISH-tv's claims of infringement were valid. of course, this only demonstrates their ignorance of how copyright issues work under the DMCA. chillingeffects.org explains:

Question: Does a DMCA takedown mean the material taken down was infringing?

Answer:
No. ISPs can take down material according to the DMCA anytime they receive a compliant notice alleging copyright infringement (see What are the notice and takedown procedures for we...?). The ISP does not have to investigate to determine whether the material was truly infringing before taking it down. The fact that someone has claimed infringement does not prove that infringement occurred -- there might be a fair use defense, or the claim might have been false or even frivolous.

In order to ensure that copyright owners do not wrongly insist on the removal of materials that actually do not infringe their copyrights, the safe harbor provisions of the DMCA require service providers to notify the subscribers if their materials have been removed and to provide them with an opportunity to send a written notice to the service provider stating that the material has been wrongly removed.

you see, when youtube receives a takedown notice, they typically remove the content immediately. little to no review is involved. the people who posted the video are notified, and they can file a counter-notice. only then does any in-depth review of the video's content take place.

people and corporations can and do overstep the boundaries and send out questionable or downright fraudulent DMCA takedowns all the time. sometimes they send out tens of thousands at a time. some people even even use fraudulent DMCA claims to attempt to silence their political enemies. (the church of scientology is famous for this.)

i suspect that the DCCC will file a counter-notice, and that the video will be back up within a couple weeks.


2 comments:
All local bloggers should certainly hope the Indianapolis Star does not start suing folk for copyright infringement. Gary Welsh often quotes extensively from the Star himself, kinda pushing the boundaries of fair use himself! ¶

i was going to say, "you mean like his post the other day that reprinted pretty much the entire article?"

but then, scrolling through his front page, i realized you wouldn't even know which post i meant. (i was thinking of this one.) ¶


Powered by Blogger hosted by Sensory Research