On Jul 23, 2013, at 10:59 AM, Mark Jeffries wrote: > > I thought that you couldn't pull news clips off of YouTube for copyright > reasons--fair use and all that.
On Tue, Jul 23, 2013 at 1:12 PM, Jim Ellwanger <[email protected]>wrote: > > From what I've seen in other cases, a DMCA claim on a YouTube video will > cause YouTube to pull it immediately (without any review of the content). > It's then up to each uploader to make a counterclaim of fair use in order > to get each video viewable again. YA(B)CS. At that point, YouTube can do one of two things: 1. Turn the video back on and notify the original claimant that the claim was fair use. The original complainant can then sue you directly under federal copyright law. 2. Leave the video off and tell you your counter-claim is dismissed. At that point, you can sue both the original complainant *and* YouTube under DMCA, because YouTube has waived their safe-harbor rights. (For more about how they're doing this: http://fairusetube.org/articles/27-youtube-refuses-counter-notices) Now, could (for instance) 21st Century Fox go after Viacom with a suit under DMCA for every clip of Fox News Channel they show on "The Daily Show" and then post on the Internet? Absolutely, but no one would want that because, quite simply, the outcome would likely clarify a very vague law, which would then give everyone an exact guideline of what is "fair use", and the lawyers would hate that so, so much. It's easier to make threats than to actually go to court. -- -- TV or Not TV .... The Smartest (TV) People! You received this message because you are subscribed to the Google Groups "TV or Not TV" group. To post to this group, send email to [email protected] To unsubscribe from this group, send email to [email protected] For more options, visit this group at http://groups.google.com/group/tvornottv?hl=en --- You received this message because you are subscribed to the Google Groups "TVorNotTV" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. For more options, visit https://groups.google.com/groups/opt_out.
