Wendy Seltzer versus YouTube
p2pnet.net news:- Copyright lawyer Wendy Seltzer, of build-your-own HDTV fame, left the EFF, where she was a staff lawyer, to become a teacher, among other things.
But she’s still on the EFF’s (Electronic Frontier Foundation) Chilling Effects project, and she’s still into bearding giants.
“I snipped the copyright warning out of the weekend’s Super Bowl broadcast as an example for my copyright class of how far copyright claimants exaggerate their rights,” she blogged.
This telecast is copyrighted by the NFL for the private use of our audience. Any other use of this telecast or of any pictures, descriptions, or accounts of the game without the NFL’s consent, is prohibited.
“Let’s see whether the video, clear fair use, gets flagged by a copyright bot.”
Then, on February 13, she observed:
“That didn’t take long. On Feb. 8, I posted to YouTube a clip taken from the Super Bowl: not the football, but the copyright warning the NFL stuck into the middle of it, wherein they tell you it’s forbidden even to share ‘accounts of the game’ without the NFL’s consent.
“Their copyright bot didn’t seem to see the fair use in my educational excerpt, so YouTube just sent me their boilerplate takedown.”
Time to break out the Chilling Effects DMCA counter-notification, she adds.
Here’s the notice:
Subject: Video Removed: Copyright Infringement
Date: Tue, 13 Feb 2007 15:43:24 -0800 (PST)
From: DMCA Complaints
To: peppercornconsider
Dear Member:
This is to notify you that we have removed or disabled access to the following material as a result of a third-party notification by National Football League claiming that this material is infringing:
Super Bowl Highlights: (http://www.youtube.com/watch?v=a4uC2H10uIo)
Please Note: Repeat incidents of copyright infringement will result in the deletion of your account and all videos uploaded to that account. In order to avoid future strikes against your account, please delete any videos to which you do not own the rights, and refrain from uploading additional videos that infringe on the copyrights of others. For more information about YouTube’s copyright policy, please read the “Copyright Tips” guide: http://www.youtube.com/t/howto_copyright.
If you elect to send us a counter notice, to be effective it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) to confirm these requirements):
(A) A physical or electronic signature of the subscriber.
(B) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(C) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
(D) The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Such written notice should be sent to our designated agent as follows:
DMCA Complaints
YouTube, Inc.
1000 Cherry Ave.
Second Floor
San Bruno, CA 94066
Email: copyright@youtube.com
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Sincerely,
YouTube, Inc.
Stay tuned.
Also See:
build-your-own HDTV – EFF Broadcast Flag challenge, February 22, 2005
blogged – My First YouTube: Super Bowl Highlights or Lowlights, February 8, 2006
she observed – My First DMCA Takedown, February 13, 2006
Want to subscribe to p2pnet by email with Feedburner? Just click here.
rss feed: http://p2pnet.net/p2p.rss | | Mobile – http://p2pnet.net/index-wml.php | | And use our own p2pnet newsfeeds for your site
If your Net access is blocked by government restrictions, try Psiphon from the Citizen Lab at the University of Toronto’s Munk Centre for International Studies. Go here for the official download, here for the p2pnet download, and here for details. And if you’re Chinese and you’re looking for a way to access independent Internet news sources, try Freegate, the DIT program written to help Chinese citizens circumvent web site blocking outside of China. Download it here.
February 16th, 2007 at 4:07 pm
Now this is going to be interesting