IANAL, but there seems two aspects to the actions of sites like Heavy.com:

  - Thievery or stealing of material
  - Breaking of copyright contract

The DMCA section 512 safe harbor protects service providers if a
customer puts up copyrighted material as long as the service provider
has the customer take it down for at least 10 days, if I recall
correctly.  But in this case it is the service provider puting up
copyrighted work, so I don't think safe harbor DMCA provision applies.

When Josh Wolf's video of G8 Demonstrations was aired without his
permission on TV stations, he billed and got paid.  It looks like
billing as David Howell has and notices of contract suit is
appropriate.  I don't like to spend the time and effort to charge
people, sue and so forth.  But it seems that there's little incentive
to not have this happen in the future otherwise.  And a party stolen
and infringed upon deserves compensation.

  -- Enric
  -======-
  http://www.cirne.com


--- In [email protected], "Jay dedman" <[EMAIL PROTECTED]> wrote:
>
> > I've placed a phone call to them and expect a call back first thing
> >  tomorrow morning (it's already 7PM in New York and it seems like the
> >  responsible party has gone home for the day).  I'll be calling back
> >  first thing tomorrow if I don't hear.
> >  We'll take care of this to the best of our ability, just as we always
> >  have before.
> 
> Mike, do you have that "best practices" sheet that we wrote up earlier
> in the year?
> we described what a videoblogger expects from a site...
> 
> Jay
> 
> -- 
> Here I am....
> http://jaydedman.com
>


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