US Court of Appeals 9th Circuit Improves Fair Use Protections For Online Posting

[From article]
On Monday, the United States Court of Appeals for the Ninth Circuit, in San Francisco, cleared the way for the case to go to trial, and set a guideline that may change the way media companies police their holdings online. In its decision, the three-judge panel ruled that copyright holders must consider fair use before asking services like YouTube to remove videos that include material they control.
[. . .]



“Today’s ruling sends a strong message that copyright law does not authorize thoughtless censorship of lawful speech,” Corynne McSherry, the foundation’s legal director, said in a statement.
A spokesman for the Recording Industry Association of America, Jonathan Lamy, said, “We respectfully disagree with the court’s conclusion about the D.M.C.A. and the burden the court places upon copyright holders before sending takedown notices,” referring to the 1998 Digital Millennium Copyright Act.
In her suit, Ms. Lenz argued that her use of Prince’s music was protected by fair use, which allows the use of copyrighted material under certain conditions like commentary, criticism or news reporting.

http://www.nytimes.com/2015/09/15/business/media/youtube-dancing-baby-copyright-ruling-sets-fair-use-guideline.html?src=twr

YouTube ‘Dancing Baby’ Copyright Ruling Sets Fair Use Guideline
By BEN SISARIO

SEPT. 14, 2015

Woman Whose Image Appeared in Anti Muslim Film Loses Court Fight To Censor Her Role

[From article]
Weighing in on a global controversy, a federal appeals court on Monday found that YouTube can't be forced to take down an anti-Muslim video that sparked worldwide protests, finding that such an order tramples on free speech rights.
The 9th U.S. Circuit Court of Appeals reversed a previous ruling and backed Google-owned YouTube in its legal battle with Cindy Lee Garcia, an actress who received death threats after she was spliced into a 2012 video called "Innocence of Muslims" that cast her as disparaging the prophet Mohammed.
A special 11-judge panel, with only one judge dissenting, backed Google and other Internet companies that howled in protest when the video was originally ordered removed from the Web a year and a half ago. The panel sympathized with Garcia's plight but stressed that the law is not on her side.
[. . .]
Garcia later discovered her scene had instead been used in the anti-Muslim video "Innocence of Muslims."
When released, it sparked protests in the Muslim world and was at one point cited in the debate over the fatal attacks on the U.S. embassy in Benghazi, Libya. As it turned out, Garcia's voice was dubbed over with an insult to Mohammed. She has since been inundated with death threats, forcing her to live underground, according to court papers.

http://www.mercurynews.com/crime-courts/ci_28138854/google-youtube-win-heated-legal-fight-over-anti

Google, YouTube win First Amendment fight over anti-Muslim video
By Howard Mintz
hmintz (at) mercurynews.com

Hilarious Misguided US Official Warns Watchdog Journalist

Best story of the month. Ms. Teasley joins teachers, politicians, and other misguided officials who lack common sense. Proving once again having common sense is not a gift but a punishment, because you have to live with people who do not have it. The email exchange is hilarious.



[From article]

Following our investigative series about a bizarre government lending program, the Small Business Administration threatened Watchdog.org with Department of Justice legal action — for misuse of the SBA logo.



“By federal law, the official seal of a federal agency cannot be used in a news publication, online or in print. Neither can our SBA logo be replicated,” June Teasley, the SBA’s communications director in Kansas City, Missouri, said Thursday in an email to Watchdog.org. “Please remove the seal from your website. This happens frequently enough that we usually just email when an infraction is noticed, rather than turning cases over to the Department of Justice. Most offending companies comply.”
Watchdog.org reporters have revealed that so-called small-business loans in several states – including Vermont, Mississippi, Virginia, Wisconsin – went to large financial institutions, luxury golf courses and major hotel chains, and that all were hidden from public inspection.

http://watchdog.org/207465/small-business-administration-2/

Hands off our logo, Small Business Administration says
By Will Swaim

March 20, 2015

Marvin Gaye's Heirs' Copyright Claims Prevail Over Pharrell Williams, and Robin Thicke. Awarded $7 million

[From article]
A jury says singers Pharrell Williams and Robin Thicke copied a Marvin Gaye song to create “Blurred Lines” and awarded nearly $7.4 million to Gaye’s family. The eight-person panel reached the decision Tuesday after hearing nearly a week of testimony about similarities between “Blurred Lines” — the biggest hit of 2013 — and Gaye’s 1977 hit “Got to Give It Up.” Gaye’s children sued Thicke and Williams, saying their song infringed the copyright of their father’s song. Marvin Gaye’s daughter Nona Gaye wept as the verdict was being read and was hugged by her attorney, Richard Busch. “Right now, I feel free,” Nona Gaye said after the verdict. “Free from … Pharrell Williams and Robin Thicke’s chains and what they tried to keep on us and the lies that were told.”

http://pagesix.com/2015/03/10/jury-finds-thicke-pharrell-copied-marvin-gaye-tune-for-blurred-lines/?_ga=1.147124595.513597348.1426034011

Got to give it up! Pharrell, Thicke must pay $7.4M for copying Gaye’s song
By Associated Press
New York Post
Page Six
March 10, 2015 | 5:44pm

150 Years Late, Civil War Photographer Gets His Overdue Credit

[From article]
A little-known Scottish photographer who became the first person to picture casualties on the battlefields of the Civil War has finally been recognised in a new book.
Alexander Gardner, from Paisley, Renfrewshire, risked his life to capture the conflict on film but was robbed of most of the credit by his employer.
Gardner emigrated to the United States in 1856 and captured some of the most startling images on the bloody battlefields of Antietam and Gettysburg.
But most of his work was attributed to his boss Matthew Brady, who was the manager of a gallery in Washington.
As the 150th anniversary of the end of the war draws nearer, a new book giving an incredible account of the pioneer's work is set to finally give him the recognition he deserves.
Author Keith Steiner, from Banff, Aberdeenshire, said yesterday (Tue): 'I wanted to right an injustice.

http://www.dailymail.co.uk/news/article-2545241/Haunting-images-Civil-War-casualties-captured-Abraham-Lincolns-Scottish-photographer.html

How Abraham Lincoln's Scottish photographer became the first man to capture the horrors of the Civil War but was robbed of the credit... until now
Alexander Gardner, from Paisley, Renfrewshire, risked his life to capture the American Civil War on film
He emigrated to US in 1856 and captured the most iconic images of the battlefields of Antietam and Gettysburg
He was also Abraham Lincoln's photographer, picturing him 7 times, including one weeks before his assassination
By DAILY MAIL REPORTER
PUBLISHED: 08:00 EST, 24 January 2014 | UPDATED: 09:27 EST, 24 January 2014

Abusing Copyright Laws For Censorship

[From article]
But now Correa has gone international. He’s using phony copyright claims to force American companies such as YouTube and Google to remove videos and documents that criticize his government.
Last month, more than 140 videos posted by Chevron abruptly vanished from YouTube, replaced by notices that said they were yanked due to copyright-infringement claims by a Spanish video-distribution company called Filmin.
[. . .]
But YouTube, like many Internet companies, doesn’t want to get dragged into a potentially expensive and time-consuming lawsuit over somebody else’s copyrights. So it simply took down Chevron’s videos without investigating Filmin’s claim.
[. . .]
If Correa is willing to mess with a $200 billion corporation on the Internet, then he’s certainly not going to hesitate to mess with you.
[. . .]
blogger Steinbaugh. “This abuse is growing. Any person or corporation can misuse this law to punish someone who criticizes them. It’s a real weakness in the law, which offers no incentive for Internet companies to question copyright-infringement claims, no matter how doubtful they are.”

During the few years I posted videos on YouTube, persons claiming to be the "copyright holder" filed complaints with YouTube alleging violations. Under the Digital Millenium Copyright Act, if the provider (YouTube) takes down a video, the poster can appeal. YouTube notifies the "copyright holder" of the appeal. The "copyright holder" has 10 days to go to court to file a complaint. If they do not YouTube must repost the video. It is an inconvenience but it does weed out the fake claims and claimants. After a few months of such complaints I learned it was a Boston Police officer who was making the fake claims. YouTube does not investigate the claimants to ensure they are legitimate. 

http://www.dispatch.com/content/stories/editorials/2013/12/19/phony-copyright-claims-exploit-holes-in-u-s--internet-law.html

Glenn Garvin commentary

Phony copyright claims exploit holes in U.S. Internet law


Thursday December 19, 2013 5:35 AM

Online Video Streaming Service Threats To Filmmaker Profits

[From article]
Major TV broadcasters on Friday petitioned the U.S. Supreme Court to shut down Aereo Inc., a streaming-video startup backed by media mogul Barry Diller that they allege is stealing their content and putting their fundamental business model at risk.

http://stream.wsj.com/story/latest-headlines/SS-2-63399/SS-2-352663/

Broadcasters Ask Supreme Court to Intervene in Aereo Case
By AMOL SHARMA and SHALINI RAMACHANDRAN
Updated Oct. 11, 2013 4:56 p.m. ET
Wall Street Journal

Google Will Use Images and Names Without Consent

http://www.dailymail.co.uk/news/article-2455411/Google-use-photo-endorse-products-wont-ask-first.html

Google to use your name and photo to endorse products you have reviewed - and they won't ask you first
Changes will start on November 11 but will only affect users with Google+
You can opt out of sharing
Your reviews and content bought on Google Play store could show up in ads displayed to your friends and connections when they search on Google
By ASSOCIATED PRESS
Daily Mail (UK)
PUBLISHED: 16:17 EST, 11 October 2013 | UPDATED: 17:08 EST, 11 October 2013

Norwegian News Firm Loses Copyright Case to AP

http://www.france24.com/en/20130321-online-news-clipper-loses-us-copyright-case

21 MARCH 2013 - 21H58
Online news 'clipper' loses US copyright case
AFP

J.D. Salinger's Lawsuit, USCA 2nd Opinion

http://caselaw.findlaw.com/us-2nd-circuit/1521467.html


United States Court of Appeals, Second Circuit.

SALINGER v. COLTING ABP SCB

Colleen M. SALINGER and Matthew R. Salinger, as Trustees of the J.D. Salinger Literary Trust, Plaintiffs-Appellees, v. Fredrik COLTING, writing under the name John David California, Windupbird Publishing Ltd., Nicotext A.B., and ABP, Inc., doing business as SCB Distributors, Inc, Defendants-Appellants.
Docket No. 09-2878-cv.
Argued: Sept. 3, 2009. -- April 30, 2010

AARP Nixes Obama's Use Of Name

http://washingtonexaminer.com/aarp-to-obama-dont-mention-us-again/article/2509844#.UG3cnN00i6Y

AARP to Obama: Don’t mention us again
Washington Examiner
October 4, 2012 | 12:08 pm

Fair Use Abuse

Aufderheide's essay on Fair Use does not mention the Digital Millennium Copyright Act of 1998. (Patricia Aufderheide, "Copywrong," CJR, July/August 2012, Page 36) DMCA summary here
http://www.copyright.gov/legislation/dmca.pdf

The Berkman Center has an extensive discussion
http://cyber.law.harvard.edu/events/luncheon/2007/04/seltzer

of how it works, and why it is flawed. There were no users at the conferences when the law was written, somewhat like Obamacare. It has a three-pronged test. But it is easy for providers to abuse it's intent. YouTube e.g., only requires a complaint of a violation by "the copyright holder." They do not verify that the complaint is actually from him or her. One Boston cop filed numerous complaints about my legal postings, pretending to be the "copyright holder," and caused me a lot of trouble until he was arrested. The automatic takedown can be undone by filing a defense claim i.e., that Fair Use or other notion permits use. The alleged copyright holder has ten days to file a lawsuit. If not the item goes back up automatically.

One problem with many providers is that they are clueless about the notion of Fair Use. One author of a video editing book supported by Apple Computers has comments barred from Apple Discussions about Fair Use, due to ignorance. He is an expert on the video program but is clueless about the law. At one Cable Access TV station (Cambridge MA) the entire management was clueless about Fair Use and warned everyone about using any part of another's audio or video. Wouldn't it be helpful if at least the management understood the laws protecting expression? Aufderheide's essay shows Fair Use law is extended beyond the legal limits in good and bad ways.

http://www.cjr.org/feature/copywrong.php

Feature — July / August 2012
Copywrong
How well do you know fair use?
Columbia Journalism Review
By Patricia Aufderheide

Copyright Law May Include Embedding YouTube Clips

http://www.infowars.com/embedding-youtube-videos-may-soon-be-a-felony/

Embedding YouTube Videos May Soon Be a Felony
Kurt Nimmo
Infowars.com
June 2, 2011

73 Thousand Blogs Shut by US Government

Sounds like the typical Obama Chicago Thugocracy. Obama and Biden demonstrate no support for individual rights. Punishing all bloggers on one site for the transgressions of others is collectivism. Obama openly supports collective punishment and justice, anomalous to US Jurisprudence. If one person breaks the law they silence all others on that site?

http://torrentfreak.com/u-s-authorities-shut-down-wordpress-host-with-73000-blogs-100716/

U.S. Authorities Shut Down WordPress Host With 73,000 Blogs
Written by enigmax
Torrent Freak
July 16, 2010

YouTube Removes Pro-Israeli Video

This article verifies my assertion that YouTube removes videos alleging copyright violations when there are none. I've had this happen to me many times. My YouTube account was closed for about six months due to false allegations of copyright violations. Fair Use Doctrine is established law but too many people in the video business are unaware of the protections. At one TV station I worked at the management was clueless about Fair Use Doctrine. One expert on a video editing programs is as clueless as the TV executive. For information on Copyright see

http://www.chillingeffects.org/

http://bigjournalism.com/wthuston/2010/06/13/terrorists-rejoice-youtube-pulls-pro-israeli-video/
Posted by Warner Todd Huston
BigJournalism. com
Jun 13th 2010 at 7:02 am

Censoring Fair Use Doctrine

http://biggovernment.com/ngillespie/2010/05/05/reason-tv-3-reasons-youtube-shouldnt-censor-downfall-parodies/

Reason.tv: 3 Reasons YouTube Shouldn’t Censor Downfall Parodies

by Nick Gillespie
BigGovernment.com
May 5, 2010