Showing posts with label Fair Use Doctrine. Show all posts
Showing posts with label Fair Use Doctrine. Show all posts

September 16, 2015

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

March 29, 2015

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

July 15, 2012

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

June 13, 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

May 5, 2010

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