The DMCA: A Year In Review

December 1st, 2015 by Sergio Muñoz Sarmiento

So, to sum up, often the fear of litigation that follows DMCA takedowns are more of a guiding force for controlling behavior than are facts or the law around creator’s rights. The complexities of the law lend itself to erring on the side of not wanting to be sued.  Does this system promote the progress of science and useful arts, as intended? For those that receive DMCA takedowns,  analyze them and respond to them if they are improper, I believe it still can.

Notes:

1See “DMCA exemption victory for Documentary Filmmakers.” www.kartemquin.com. Kartemquin Films. October 25, 2015.

2 Thomson, Lain, “New DMCA rules mean you can fiddle with your tablets, routers, cars (as if you weren’t anyway.” www.theregister.co.uk. The Register. October 28, 2015.

3 Flood, Alison, “George Orwell’s estate denies ‘Big Brother values’ after challenge to 1984 merchandise.” www.theguardian.com. The Guardian. October, 2015.

4 See Van der Sar, Ernesto, “Orwell Estate Sends Copyright Takedown Over the Number 1984.”www.torrentfrek.com. Torrent Freak. October 2015.

5 “How ContentID Works.” www.youtube.com. YouTube.

6 Lenz v. Universal Music Corp. et al., Case Nos. 13-16106, -16107 (9th Cir.., Sept 14, 2015.

7 17 U.S.C. Section 512(g)(2)(C). Stephen McArthur, “How to Beat a YoTube ContentID Copyright Claim-What Every Gamer and MCN Should Know” www.gamasutra.com. Gama Sutra. June 24, 2014.

8 See”A Guide to YouTube Removals.” www.eff.org. Electronic Frontier Foundation. ?

9 Lenz v. Universal Music Corp. et al., Case Nos. 13-16106, -16107 (9th Cir.., Sept 14, 2015.

10 Hern, Alex. “YouTube plans to defend filmmakers against copyright claims.” www.theguardian.com. The Guardian.  November 23, 2015.

11 Heilman, Dan, “Google Vows to Protect YouTube Videos’ Right to Faiir Use.” www.newsfactor.com. Newsfactor. November 22, 2015. 

12 Stoltz, Mitch, “Ashley Madison’s Onwers Give In to Temptation to Misueses the DMCA.” www.eff.org. Electronic Frontier Foundations. August 24, 2015. 

13 Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991).

14 Estes, Adam Clark, “Ashley Madison Is Sending Out Bogus DMCA Takedown Notices.: gizmodo.com. Gizmodo. August 20, 2015.

***

Talia Kosh holds a J.D. from Loyola University New Orleans College of Law and an LLM. in International Law from American University. Talia practices law in Santa Fe with The Bennett Law Group and is Founder and President of New Mexico Lawyers for the Arts, counseling and educating artists on a wide variety of legal issues. Talia also serves on several nonprofit boards, as well as the Governor’s Counsel of Film and Media Industries, and as past Chair and board member of the Intellectual Property Section of the New Mexico Bar . Talia also teaches at Santa Fe Community College and University of New Mexico’s Continuing Education Program. She received the Santa Fe Mayor’s Award for Excellence in the Arts in 2014. The views expressed by Talia are hers and not those of any entity and/or organization.

 

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