Wednesday, March 28, 2007

DMCA - someone fights back

Great article here: Law Prof posts the NFL's "legal disclaimer" saying that rebroadcast of NFL games are strictly prohibited, which is actually wrong. "Fair use" provisions allow their use for such things as "educational" use. The professor posted it on YouTube and linked to it from her blog which is used for teaching purposes. Sweet.

The money quote:
This is where the saga starts to get messy. Seltzer's counter-notification—which was forwarded to the NFL from YouTube—clearly described her use of the clip as fair use: "an educational excerpt featuring the NFL's overreaching copyright warning aired during the Super Bowl." As Seltzer outlines in her blog post, the NFL's only option in response to her counter-claim would be to force her to remove the clip via court proceedings. This obviously did not happen, and instead, the NFL chose to ignore her claims completely. After receiving her counter-notification claiming fair use, sending another takedown notice over the same content is considered a knowing misrepresentation that the clip is infringing, according to DMCA section 512(f)(1). Under the DMCA, the NFL would be liable for all legal fees incurred by the alleged infringer, along with damages.

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