Friday, November 09, 2012
EFF goes after frivolous DMCA takedown demands by big media companies
Electronic Frontier Foundation is reporting some DMCA takedown notices that border on the absurd, or at least frivolous.
Universal sent a notice to YouTube to take down a 29-second video by Stephanie Linz of her toddler dancing in a crib to a Prince song “Let’s Go Crazy”. EFF sued Universal in her behalf, in a story with link here.
The DMCA Safe Harbor mechanism apparently does not penalize copyright owners for “frivolous” takedowns that later get reversed. EFF says that the use of the Prince music is incidental, and would not affect the ability of the music to earn royalty revenue in a normal manner.
Political blogger Michelle Malkin also fought a takedown notice successfully.
I’m not able to find Linz’s video on YouTube at this time.
I generally don’t post videos with copyrighted background music (such as videos of people dancing at discos to presumably copyrighted music), except sometimes at outdoor political protests or fundraisers.