E-Commerce Times Talkback
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YouTube has pulled some videos posted by the McCain campaign after receiving complaints from news outlets that they were violating copyright. Here's a case in which YouTube has fallen victim to its own fear -- the fear of being sued by media companies as large as itself -- and the Republican presidential candidate has fallen victim to his own votes. McCain's campaign has sent a letter to YouTube asking that its campaign videos be restored on the site.
I think that YouTube is being smart by adhering so closely to the DMCA. In my blog I discuss why it is Congress who should make a law so that we can keep using YouTube in the future. http://jolt.unc.edu/blog/2008/10/24/youtube-and-copyright-law
I understand the 'chilling effect' you talk about, but also recognize the frustration of having copyrighted material taken out of context without permission to support a view diametrically opposed to my own.
You mention the Fair Use exception to copyright. But I believe the following excerpt from the US Copyright Office website pretty clearly shows McCain's use is in violation of the Fair Use Doctrine.
The 1961 Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law cites examples of activities that courts have regarded as fair use: “quotation of excerpts in a review or criticism for purposes of illustration or comment; quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations; use in a parody of some of the content of the work parodied; summary of an address or article, with brief quotations, in a news report; reproduction by a library of a portion of a work to replace part of a damaged copy; reproduction by a teacher or student of a small part of a work to illustrate a lesson; reproduction of a work in legislative or judicial proceedings or reports; incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported.”
Bottom line... if you want to make a point, be original! Don't steal my words or graphics. Ask permission and if you have a legitimate use which doesn't violate my views, I will likely give you permission to use the material.
DCMA may be a' bad law' (I think it is BTW.), but I have to admit that if it keeps you from misusing my materials that is a good thing.