Technology and Business Law Blog

DMCA Takedowns

“Here Comes Another Bubble” a video by the Richter Scales was removed from YouTube under the DMCA takedown provision. A video is removed from the YouTube site when YouTube receives a complaint from someone claiming copyright infringement. YouTube first reaction is to remove the “infringing” video and notify the person who put it up at the YouTube site, then it is up to the party whose video’s was removed to insist that they did not violate any copyright law and ask YouTube to put the removed video back on its site by sending a counter notice to YouTube stating that they have not infringed any copyright provisions or give the defense of fair use.

YouTube removes the claimed infringing material under the safe harbor provisions of the DMCA or the Digital Milliniem Copyright Act which allows online or Internet service providers to promptly take down alleged infringing copyright material without being held liable. Now this provision can be misused and anyone claiming to hold the copyright to the material hosted by the service provider can state infringement and have the material taken down. Now there are a list of provisions under the safe harbor provisions to be followed. Organizations like the EFF have taken up this misuse issue and filed a few cases, which can be read at their website and also chillingeffects.org has more information on the DMCA safe harbor provisions.

In fact EFF also suggests fair use principles for user generated content. If creativity is totally curbed under copyright restrictions then there would be no room for further innovation and improvisation and there would be no progress in science and arts.

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December 13, 2007 - Posted by | Copyright, DMCA

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