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ECT News Community   »   E-Commerce Times Talkback   »   Re: DMCA Comes Back to Bite McCain



Re: DMCA Comes Back to Bite McCain
Posted by: Jason Z. Cohen 2008-10-15 14:43:05
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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.


YouTube and Copyright Infringment
Posted by: tamara2008 2008-10-30 07:40:36 In reply to: Jason Z. Cohen
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

DCMA and YouTube
Posted by: akcoyote 2008-10-15 23:55:14 In reply to: Jason Z. Cohen
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.

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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.
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